TERMS OF USE The Effective Date of these Terms is July 1, 2011.

Welcome to JimmyWin.com! I hope you enjoy the site and the content posted here. Before you begin using the web site, it’s important that you carefully read these legal provisions. (I am a lawyer, after all!). THESE TERMS OF USE (“TERMS”) AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, AND YOUR INDEMNITY TO JIMMYWIN MEDIA. These Terms apply to www.JimmyWin.com and any other web sites operated by JimmyWin Media (the “Sites”).

These Terms also apply to interactive features that are owned or controlled by JimmyWin Media, are available through the Site or that interact with the Site and post these Terms. These Terms govern your use of the Site. You agree to these Terms by accessing or using the Site. You also consent to the collection and use of your data in accordance with the Site’s Privacy Policy. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS AND THE PRIVACY POLICY, DO NOT USE THIS SITE.

Ownership of Site Materials

1. Your License to Use Materials On The Sites
2. Information You Submit
3. User Code of Conduct
4. Digital Millennium Copyright Act Notice and Policy
5. Your Warranties
6. Third Party Links and Content
7. Link Policy
8. Disclaimer of Warranties
9. Disclaimer/Limitation of Liability
10. Indemnification
11. Termination and Modification
12. Location of Sites and Territorial Restrictions
13. Governing Law, Jurisdiction and No Class Actions
14. Updates to Terms
15. Miscellaneous

Ownership of Site Materials.

The Sites (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the “Materials”) are owned, controlled or licensed by JimmyWin Media, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by JimmyWin Media, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for JimmyWin Media, its affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way JimmyWin Media’s rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of JimmyWin Media’s rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so. Copyright/Trademarks. The entire contents of the Sites (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, JimmyWin Media owns a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them. Trademarks and service marks that appear on the Sites are the service and trademarks of JimmyWin Media. Without JimmyWin Media’s prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to JimmyWin Media. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of JimmyWin Media, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites. [back to top]

 

Your License to Use Materials On Our Site

Subject to your strict compliance with these Terms, JimmyWin Media grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to download, display, view, use and/or play a single copy of the Materials (excluding source and object code) in raw form or otherwise, other than as made available to access and use via standard web browsers to enable display on your device) on any single computer (or other device you use to access the Sites) for your personal, non-commercial use only; provided that: (a) you keep intact all trademark, copyright and other proprietary notices contained in the original Materials or any authorized copy you may make of the Materials; (b) you do not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Materials; (d) you do not allow or aid or abet any third party (whether or not for your benefit): (i) to copy or adapt the source or object code of the Sites’ software, HTML, JavaScript or other programming code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Sites create to generate their web pages or any software or other products or processes accessible through the Sites; and (e) you do not insert any code or product to manipulate the Materials in any way that affects any user’s experience of the Sites.Prohibited Activities. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Sites in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or JimmyWin Media without the prior written consent of JimmyWin Media. [back to top]

 

1. Information You Submit. User Content. The Sites may provide you and others with the opportunity to participate in posting comments to content, forums, blogs, social networking, social communities and other communication functionality (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to JimmyWin Media or the Sites, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information (collectively, “User Content”).Terms Applicable to User Content. Except as otherwise described in the Sites’ posted Privacy Policy, or other agreement on the Sites at which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. You agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant JimmyWin Media these licenses. Upon JimmyWin Media’s request, you will furnish JimmyWin Media any documentation, substantiation or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of User Content or other information may not be secure, and you should consider this before submitting any information to JimmyWin Media.License to JimmyWin Media for User Content. You grant to JimmyWin Media the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. You further agree that JimmyWin Media is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Sites or JimmyWin Media, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant JimmyWin Media the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or compensation to you. You also grant to JimmyWin Media the right to sub-license and authorize others to exercise any of the rights granted to JimmyWin Media under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to JimmyWin Media under these Terms. You further authorize JimmyWin Media to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.JimmyWin Media’s Obligations Regarding User Content. You agree that JimmyWin Media has no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ licensed rights to your User Content. You further acknowledge and agree that JimmyWin Media will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and JimmyWin Media may, in its sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that JimmyWin Media reserves the right to treat User Content on the Sites, or on certain portions of the Sites, as content stored at the direction of users for which JimmyWin Media will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our Code of Conduct when notice of such violations are directed to JimmyWin Media’s attention. User Content posted may not be maintained on the Sites by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that JimmyWin Media is not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.Your Obligations Regarding User Content. You agree that you must evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As JimmyWin Media may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content.

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User Code of Conduct

This Code of Conduct applies to user postings of comments or in any online forum on the Sites.

Age Requirement
Online safety is of the utmost importance at the Sites. For this reason, you must be 18 years old or older to post comments on the Sites.

No Personal Information
For the safety and privacy of Site users, please do not post or solicit personal information such as phone numbers, addresses, social security numbers, last names (you may use last initials), medical, financial, license plates, email addresses or any other private information about yourself or others.

No Obscene or Hateful Language
JimmyWin Media does not allow obscene, hateful, profane, racist, sexually explicit or otherwise objectionable language or material in any online comment sections or other online forums. Further, you may not harass, insult, defame, slander, abuse or threaten another person. We suggest you discontinue any conversation that makes you uncomfortable.

No Solicitations or Advertisements
You may not post any content for commercial purposes. Such posts add to clutter and devalue conversations. This includes advertisements for your business, the latest get-rich-quick scheme, solicitations for a charity and spam.

No Illegal Activity
You may not suggest or encourage illegal or violent activity.

Truthful and Accurate Information
Please only post content that is truthful, accurate and not misleading.

Authorized Postings
It is inappropriate to post content that infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person or entity. You must have copyright ownership of all content you post or the necessary rights from the copyright owner to post such content on the Sites. By posting content, you are certifying that you have the permission of everyone who has contributed to or is incorporated in the content. You further certify that the content you post does not contain the full name, physical address, email address, telephone number or social security number of any person, including minors.

Post a Message Only Once
Good manners online mean that you don’t post the same message more than once.

All Posts Are Subject to Review
While we do not review all material posted and are under no obligation to do so, we reserve the right to accept, reject or remove any postings, including those that are off-subject, or that contain personal attacks, obscenity, vulgarity, profanity, impersonations, advertising or that violate this Code of Conduct.

User Interactions
You are solely responsible for your interaction with other users of the Sites, whether online or offline. JimmyWin Media is not responsible or liable for the conduct of any user. Exercise common sense and your best judgment in your interactions with others, when you submit or post any information, and in all other online activities.

JimmyWin Media reserves the right, in its sole discretion, to monitor and screen all User Content submitted to the Sites and may disregard any User Content that, in its sole discretion, violates the Code of Conduct or the Terms, or that it otherwise finds objectionable.

Digital Millennium Copyright Act Notice and Policy

JimmyWin Media respects the intellectual property rights of others, and JimmyWin Media prohibits users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party’s intellectual property rights. However, material is posted on the Sites by third parties not within our control, and we are under no obligation to and do not review all content on the Sites for the inclusion of illegal or impermissible content. However, JimmyWin Media does not permit material known by us to infringe another party’s copyright to remain on the Sites. In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable law, JimmyWin Media will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. If you believe any material on the Sites infringes your copyright, you should provide JimmyWin Media with written notice pursuant to the following instruction.

The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. Upon taking down content under the DMCA, JimmyWin Media will take reasonable steps to contact the owner of the removed content to provide an opportunity for a counter-notification to be filed. On receiving a valid counter-notification, JimmyWin Media generally restores the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity. You may use the notification process below to alert us to claims of infringement other than copyright but such notifications are not covered by the DMCA and will be governed by our Terms of Use. Please note that these notifications and counter-notifications are real-world legal notices provided outside of the Sites’ environment. JimmyWin Media may provide copies of such notices to the participants in the dispute or third parties, at our discretion and as required by law – the Privacy Policy for the Sites does not protect information provided in these notices.

(a) To File a Notification of Infringing Content

A written notification must be made. This can be done by written letter through e-mail to our DMCA Agent, at:

JimmyWin Media

Email: jimmy@jimmywin.com
Please include the following information in your notice:

1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
2. 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 us to locate the material;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
4. 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;
5. Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law”;
6. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
7. Your physical or electronic signature (i.e., “/s/ [print name]”); and
8. (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.

DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.

(b) To file a counter-notification

If your content has been taken down as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your content, you may respond by sending us a DMCA counter-notification as follows:

(c) List the material that was removed by the Sites’ administrators, and the location at which the material appeared before it was removed. Please identify in sufficient detail;

(d) Provide your name, address, telephone number, e-mail address (if available);

(e) State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Los Angeles, California if your address is outside of the United States);

(f) State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;

(g) State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and

(h) Your physical or electronic signature (i.e., “/s/ [print name]”).

Send the written document to JimmyWin Media’s designated DMCA Agent via e-mail at:

JimmyWin Media

Email: jimmy@jimmywin.com

Your Warranties

You represent and warrant that: (i) you are at least eighteen (18) years of age and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to JimmyWin Media is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Sites and you will be responsible for all charges related thereto.

Third Party Links and Content

There may be links from the Sites, or communications you receive from the Sites, to third party web sites or our Sites may include third party content that JimmyWin Media does not control, maintain or endorse. Accessing those third party sites requires you to leave the Sites. JimmyWin Media does not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that JimmyWin Media is in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES, INCLUDING, WITHOUT LIMITATION, ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. JIMMYWIN MEDIA ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.

Linking Policy

JimmyWin Media grants you the revocable permission to link to the Sites; provided, however, that your web site, or any third party web sites that link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that JimmyWin Media or the Sites are endorsing or sponsoring it or its products, unless JimmyWin Media has given its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in JimmyWin Media’s sole opinion, harm JimmyWin Media; (d) must not use any JimmyWin Media trademarks without the prior written permission from JimmyWin Media; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in JimmyWin Media’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, JimmyWin Media reserves the right to prohibit linking to the Sites for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.

Disclaimer of Warranties

THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, JIMMYWIN MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM JIMMYWIN MEDIA OR VIA THE SITES. IN ADDITION, JIMMYWIN MEDIA HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.JIMMYWIN MEDIA DOEs NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. JIMMYWIN MEDIA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. JIMMYWIN MEDIA DOES NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND JIMMYWIN MEDIA SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.

Disclaimer/Limitation of Liability

LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL JIMMYWIN MEDIA BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY JIMMYWIN MEDIA OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF JIMMWIN MEDIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL JIMMYWIN MEDIA BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES, COUNTRIES, PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL JIMMYWIN MEDIA’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE MATERIALS.WAIVER OF UNKNOWN CLAIMS. BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “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.”

Indemnification

You agree to defend (if requested by JimmyWin Media), indemnify and hold harmless JimmyWin Media and its principals from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or other device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) JimmyWin Media’s use of your information. You will cooperate as fully required by JimmyWin Media in the defense of any claim. Notwithstanding the foregoing, JimmyWin Media retains the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. JimmyWin Media reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized person at JimmyWin Media.

1. Termination and ModificationTermination. JimmyWin Media reserves the right to terminate your access to and use of the Sites, in its sole discretion, without notice and liability, including, without limitation, if JimmyWin Media believes your conduct fails to conform with these Terms. JimmyWin Media also reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or JimmyWin Media. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.Modifications. JimmyWin Media reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that JimmyWin Media will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any part thereof.What happens upon Termination? Upon termination of your access to the Sites, or upon demand from JimmyWin Media, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Sites, including links to the Sites; and (b) destroy all Materials obtained from the Sites and all related documentation.
2. Location of Sites and Territorial RestrictionsLocation of Sites. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject JimmyWin Media to any registration requirement within such jurisdiction or country. JimmyWin Media controls and operates the Sites from the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their own initiative and are responsible for compliance with United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
3. Governing Law, JurisdictionTHESE TERMS AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITES, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
4. Updates to TermsJimmyWin Media reserves the right to modify or add to these Terms, at any time without prior notice (“Updated Terms”). You agree that JimmyWin Media may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page of the Sites, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.
5. MiscellaneousThe failure of JimmyWin Media to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit JimmyWin Media’s rights with respect to such breach or any subsequent breaches. No waiver by JimmyWin Media of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized representative of JimmyWin Media. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. JimmyWin Media may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without JimmyWin Media’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against JimmyWin Media by virtue of having drafted them.

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