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PLEASE READ THE FOLLOWING TERMS
AND CONDITIONS CAREFULLY. The www.julib.com Web site (the "Web
Site" or "www.julib.com") is provided by
Juli B, Inc.("Juli B") and/or its affiliates
and subsidiaries for your and others'personal, non-commercial
enjoyment, subject to the terms of these terms and conditions
of use and all modifications thereto ("Terms and Conditions"),
and the rules that may be published from time to time by
Juli B. By using this site, you are deemed to have agreed
to these terms and conditions of use. Juli B may change
the Terms and Conditions from time to time and at any time,
and without actual notice to you. All such changes to these
Terms and Conditions will appear on www.julib.com. By using
this site after we post any changes, you agree to accept
those changes, whether or not you have reviewed them. If
at any time you choose not to accept these Terms and Conditions
of use, please do not use this site.
This Web Site and any communications service, including the capability
to contribute material through the contribution form (each such submission,
a " Contribution"), chat room, message board, newsgroup, or other
interactive service that may be available to you on or through this site
(collectively, the "Services") are provided to you solely for
entertainment purposes. By using the Web Site and Services you agree: (a)
to provide true, accurate, current and complete information about yourself
as prompted by the subscription form, contribution form and any registration
form. If any information provided by you is untrue, inaccurate, not current
or incomplete, Juli B reserves the right to terminate your subscription
and refuse any and all current or future use of the Services.
Without limitation of the foregoing, you agree to not use the Web Site
or Services to:
* Upload, post, publish, email, reproduce, distribute or otherwise transmit
any information, data, text, music, sound, photographs, graphics, video,
messages or other materials, including any Contribution, (collectively, " Content"),
that is unlawful, harmful, threatening, embarrassing, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent,
contains explicit or graphic descriptions or accounts of sexual acts, invasive
of another's privacy, or hateful;
* "Stalk" another;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit
any Content that victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
* Harm minors in any way;
* Impersonate any person or entity, including, but not limited to, a Juli
B official, or falsely state or otherwise misrepresent your affiliation
with a person or entity;
* Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted to or through the Web Site;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit
any Content that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information, proprietary
and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
* Upload, post, publish, email, reproduce, distribute or otherwise transmit
any Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights of any party;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit
any unsolicited or unauthorized advertising, promotional materials, "junk
mail," "Spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
* Upload, post, publish, email, reproduce, distribute or otherwise transmit
any material that contains software viruses, Trojan horses, worms, time
bombs, cancelbots, or any other computer code, files or programs designed
to interrupt, destroy, or limit the functionality of any computer software
or hardware or telecommunications equipment or any other similarly destructive
activity, or surreptitiously intercept or expropriate any system, data
or personal information;
* Act in a manner that negatively affects other users' ability to engage
in the Web Site or Services;
* Engage in any activity that is contrary to or which would adversely affect
the purpose or intention of the Web Site or Services, including but not
limited to, actually or attempting to manipulate, corrupt or otherwise
affect the outcome of the Services, in whole or part, by, among other methods,
subscribing another party without their authorization or registering multiple
subscriptions under the same or different names;
* Interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; or
* Intentionally or unintentionally violate any applicable local, state,
national or international law.
You also agree that you will not harvest, collect or store information
about the users of this Web Site or the Content posted by others on this
Web Site or use such information for any purpose inconsistent with the
purpose of this Web Site or for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic mail or communications.
You acknowledge that Juli B is not responsible for material submitted to
Juli B or posted to the Web Site by users. Juli B does not pre-screen,
monitor, review or edit the Content posted by users. However, Juli B and
its designees have the right (but not the obligation) at their sole discretion
to refuse or remove any Content, in whole or part, that, in Juli B's judgment,
does not comply with these Terms and Conditions or is otherwise undesirable,
inappropriate or inaccurate. Juli B is not responsible for any failure,
non-failure or delay in removing such Content. You will remain responsible
for the accuracy, copyright compliance, legality, decency, or any other
aspect of such submitted material, including any Contribution or part thereof,
or other communication to Juli B. You agree to immediately notify Juli
B of any unauthorized use of the Service or any other breach of security
known or suspected by you.
You acknowledge and agree that Juli B may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a) comply
with legal process; (b) enforce these Terms and Conditions; (c) respond
to claims that any Content violates the rights of third-parties; or (d)
protect the rights, property, or personal safety of Juli B, its users or
the public.
You understand that the technical processing and transmission of the Web
Site, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices. Juli B assumes no responsibility for
the deletion or failure to store postings, Contributions or other information
submitted by you or other users to www.julib.com.
Any or all Content on the Web Site may be purged periodically in Juli B's
sole discretion. You acknowledge and agree that Content you view, submit
or post is at your own discretion and risk, including any reliance on the
accuracy, completeness, or usefulness of such Content. You acknowledge
that you may not rely on any information, data, text, music, sound, photographs,
graphics, video, messages or other materials created by Juli B or submitted
to Juli B, including Content. You further acknowledge and agree that the
views expressed on the Web Site do not necessarily reflect the views of
Juli B, and Juli B does not support or endorse Content (including any Contribution,
whether or not edited by Juli B or its designee or presented on the Web
Site edited or unedited, in whole or in part, or alone or with other content)
posted or submitted by you or any User.
The content on this Web Site is intended for entertainment purposes only.
Except as expressly permitted, you agree not to use the Web Site for sale,
trade or other commercial purposes, and, you may not modify, copy, publish,
display, transmit, adapt or in any way exploit the content of the Web Site.
Only if you obtain prior written consent from us -- and from all other
entities with an interest in the relevant intellectual property -- may
you publish, display or commercially exploit any material from the Web
Site. To seek our permission, you may write to us at our address provided
below. If permission is granted by us and by all other entities with an
interest in the relevant intellectual property, you may not change or delete
any author attribution, trademark, legend or copyright notice.
You must abide by all additional copyright notices or other restrictions
contained on the Web Site.
In operating this site, Juli B does not solicit nor does it wish to receive
any confidential, secret or proprietary information or other material from
you through the Web Site or Juli B mail and email addresses, or in any
other way. Any information or material submitted or sent to Juli B, will
be deemed not to be confidential or secret. By submitting or sending information
or other material to Juli B you represent and warrant that the information
is original to you and that no other party has any rights to the material.
By communicating with Juli B, including submitting or sending Content,
a Contribution or other information or material to www.julib.com, you grant
Juli B the royalty-free, unrestricted, world-wide, perpetual, irrevocable,
non-exclusive and fully sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
perform and display such Content (in whole or part), including any information,
suggestions, ideas, drawings or concepts contained in such Content, worldwide
and/or to incorporate it in other works in any form, media, or technology
now known or later developed. Such license includes incorporating a Contribution,
in whole or in part, into a Juli B feature. You will remain responsible
for the accuracy, copyright compliance, legality, decency, or any other
aspect of such submitted material, including any Contribution or part thereof,
or other communication to Juli B.
You also warrant that any "moral rights" in posted materials
have been waived.
You may be able to link to third parties' Web Sites ("Linked Sites")
from the Juli B Web Site. Linked Sites are not, however, reviewed, controlled,
or examined by Juli B in any way and Juli B is not responsible for the
content, availability, advertising, products or other materials of any
such Linked Sites, or any additional links contained therein. These links
do not imply Juli B's endorsement of or association with the Linked Sites.
It is your sole responsibility to comply with the appropriate terms of
service of the Linked Sites as well as with any other obligation under
copyright, secrecy, defamation, decency, privacy, security and export laws
related to the use of such Linked Sites and any content contained thereon.
In no event shall Juli B be liable, directly or indirectly, to anyone for
any loss or damage arising from or occasioned by the creation or use of
the Linked Sites or the information or material accessed-through these
Linked Sites. You should direct any concerns to that site's administrator
or webmaster. Juli B reserves the exclusive right, at its sole discretion,
to add, change, decline or remove, without notice, any feature or link
to any of the Linked Sites from the Web Site and/or introduce different
features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT
CONTAIN SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE
BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE
OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT
THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES
DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN,
COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG,
AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Permission must be granted by us for any type of link to www.julib.com.
To seek our permission, you may write to today@julib.com. We reserve the
right, however, to rescind any permission granted by us to link through
any type of link, and to require termination of any such link to the Web
Site, at our discretion at any time.
>From time to time, Juli B may offer as part of the Services, either on or
through the Web Site, contests, promotions, simulations or games (collectively, "Contests").
To participate in Contests, subscribers may be required to complete a registration
form. Upon submission, all registrations become the exclusive property of Juli
B. Registered users (each, a "Registered User") are permitted only
one account. Registered Users with more than one account are subject to immediate
disqualification from any Contest, unless the description of the Contest expressly
invites a user to register multiple times. Juli B, at its sole discretion, may
suspend or revoke the registration of any Registered User.
Registered Users agree to release Juli B and its agents, advertisers, sponsors
or promotional partners, from all liability arising from participation
in any Contest located on, or accessed through, the Web Site. Juli B is
not responsible for technical, hardware or software failures of any kind,
lost or unavailable network connections, or failed, incomplete, garbled
or delayed computer transmissions which may limit any Registered User's
ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Contest and
by the rules of fair play and consideration of fellow Registered User.
A Registered User who violates any of the rules or guidelines for behavior
published on the Web Site, or the site where the Contest is conducted,
are subject to immediate disqualification and revocation of their registration.
Juli B is under no obligation to award any prize to any Registered User
who violates a published rule or guideline.
Some Contest may offer prizes to Registered Users. All prizes are subject
to the official game or contest rules published with that Contest.
Juli B reserves the right to cancel, terminate or alter any Contest or
the rules thereof at any time without prior notification.
All materials contained in this Web Site are the copyrighted property of
Juli B and its affiliates or licensors. As between Juli B and you, Juli
B is the sole owner of all content on the Web Site, including without limitation,
all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade
secrets, and other intellectual property rights thereto. Except as otherwise
specifically provided in these Terms and Conditions, you may not download
or save a copy of the Web Site or any portion thereof, for any purpose.
You may, however, print a copy of individual screens appearing as part
of the Web Site solely for your personal, non-commercial use or records,
provided that any marks, logos or other legends that appear on the copied
screens remain on, and are not removed from the printed or stored images
of such screens. All title and intellectual property rights in and to the
content of the Linked Sites is the property of the respective content owner
and may be protected by applicable copyright or other intellectual property
laws and treaties.
This Web Site is not intended to be a children's site, therefore, some
of the available information may concern certain topics that may not be
appropriate for children. Juli B may, at its discretion, require users
under 18 to obtain the consent of a parent or guardian to view certain
content, and Juli B may limit access to certain content to users above
a specified age. You agree to abide by any such restrictions, and not to
help anyone avoid these restrictions.
We are committed to protecting your privacy and security and have explained
in detail the steps we take to do so. We urge you to read our privacy policy.
THE WEB SITE AND SERVICES ARE PROVIDED "AS IS," "WHERE IS" AND "AS
AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITATION OF THE FOREGOING, JULI B SPECIFICALLY DISCLAIMS ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING
THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS,
OR OTHERWISE OF THE CONTENT OF THE WEB SITE OR SERVICES; AND (ii) ANY WARRANTIES
OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES
TO ANY DAMAGES OR INJURY CAUSED BY THE WEB SITE, INCLUDING WITHOUT LIMITATION
AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT,
OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION
LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE,
DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. JULI B DOES NOT WARRANT
OR GUARANTEE (1) THAT ANY PORTION OF THE WEB SITE WILL BE FREE OF INFECTION
BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING
OR DESTRUCTIVE PROPERTIES; OR (2) THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED
OR ERROR-FREE.
JULI B DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE. YOU (AND NOT
JULI B OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL JULI B, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS,
ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY
PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY,
USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF JULI B OR ITS
AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES
IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, JULI B'S LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by Juli B, you agree to defend, indemnify and hold Juli
B, its affiliates, officers, directors and employees harmless from any
and all claims, liabilities, costs and expenses, including reasonable attorneys'
fees, arising in any way from your use or misuse of the Web Site or Services,
or the uploading, posting, publishing, emailing, reproduction, distribution
or transmission of any Content or other materials by you or users authorized
by you or any violation of these Terms and Conditions by you. Juli B reserves
the right, at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event
you will cooperate with Juli B in asserting any available defense.
We respect the intellectual property rights of others, and require that
the people who use the www.julib.com Web Site do the same. If you believe
that your work has been copied in a way that constitutes copyright infringement,
please forward the following information to the Copyright Agent named below:
* Your username, address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* 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;
* An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest; 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.
c/o Hodgson Russ, LLP
One M & T Plaza
Buffalo, NY 14203
Attn: Kenneth Suzan, Esq.
E-Mail ksuzan@hodgsonruss.com
You agree that the laws of the State of New York, excluding its conflicts-of-law
rules, shall govern these Terms and Conditions. Please note that your
use of the Web Site may be subject to other local, state, national, and
international laws. You expressly agree that exclusive jurisdiction for
any claim or dispute with Juli B or relating in any way to your use of
the Web Site resides in the courts of the State of New York, and you
further agree and expressly consent to the exercise of personal jurisdiction
in the courts of the State of New York, in connection with any such dispute
and including any claim involving Juli B or its affiliates, subsidiaries,
employees, contractors, officers, directors, telecommunication providers
and content providers.
We control and operate this site from our offices in New York, New York.
We do not represent that materials on the site are appropriate or available
for use outside of New York, New York. Persons who choose to access this
site from other locations do so on their own initiative, and are responsible
for compliance with local laws, if and to the extent local laws are applicable.
Any inquiries concerning these terms and conditions of use should be
directed to today@julib.com.
Provisions unenforceable or invalid
If any part of this agreement is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law
to reflect, as nearly as possible, the original intentions of the parties,
and the remaining portions shall remain in full force and effect.
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever,
any of your rights or obligations under this Agreement. Juli B may transfer,
assign sublicense or pledge in any manner whatsoever, any of its rights
and obligations under this agreement to a subsidiary, affiliate, or successor
thereof or to any third party whatsoever, without notifying you or receiving
your consent. If you have any questions about this policy or our site
in general, please contact us at today@julib.com.
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