Description:

Latest update: , March 16, 2010: When posting tutorials, all teachers must grant the right to students to print out the lessons they purchased only for their personal use.

A Note About Our Community: JewelryLessons.com (hereinafter referred to as “JL”) is a venue, a place where people can buy or sell many kinds of content. We feature tutorials, articles, questions and answers, tips and other content. In other words, we help people distribute information and art related specifically to our jewelrymaking industry. As such, we also set out to provide a safe, friendly, and serious Website (hereinafter referred to as “Site”) for people of all ages and backgrounds.

JL users are mostly artisans focused in the art of making jewelry for fun, hobby or commercial use. Because of this focused range, we plan to steer clear of content that is not related to our industry and would be considered inappropriate.

Our community has another maxim: we support and enforce copyrights, which means that you can't post content that you don't own or have permission to publish.

Our goals are to maintain and evolve a Site which is a meaningful and useful tool to many people, and that permits the exchange of knowledge and ideas that have real value. Below, you will find the terms and conditions for the use of JL's Site. Please don't hesitate to contact support at Contact Us if you have any questions about the statements contained in this agreement.

Member Agreement: Contents

PLEASE READ THESE TERMS CAREFULLY, SINCE YOUR USE OF ANY OF OUR SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS AND CREATES A BINDING LEGAL AGREEMENT. WITHOUT LIMITING THE FOREGOING, YOU MUST ACCEPT THESE TERMS BY CHECKING THE BOX DURING REGISTRATION IF YOU WISH TO USE ANY OF JL'S SERVICES. IF YOU CHOOSE TO ACCEPT THESE TERMS, YOU MUST DO SO AS THEY ARE PRESENTED TO YOU; NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY JL.

Legal Agreement

The terms and conditions set forth in this document apply to all visitors (hereinafter referred to as "Users" or "you") to JL's Site, and constitute a binding, legal agreement ("Agreement") between the User and JL (Eni Oken Designs, Inc. DBA JL, also DBA EaZy Communities).
Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.

Introduction

JL Site is a tool to facilitate the exchange of information and knowledge within the world. We provide a service to enable Users to post and other people to purchase or view digital content on-line. Digital content ("Content") may consist of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials. JL is in no way affiliated with nor responsible for any such Content posted or linked to this site by a third party User.

Content

When you post Content on JL’s Site, you keep your copyright, but you grant that JL will provide a service to post, display, copy and sell that Content within the limitations as outlined in this agreement. You grant JL non-exclusive, worldwide rights to post, display, copy, advertise, disseminate, sell and/or distribute such content.

If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorize JL to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.

By posting your Content on the Site, you grant that JL, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and JL may make minor modifications to the Content for technical or grammatical reasons. Of course, JL will credit you and/or the original artist, and we will usually ask you first. You further agree that JL may format your content to fit the layout and visual look of the Site according to our specifications or templates, which may be subject to change. JL staff may also add our disclaimer image, watermark or disclaimer text to content posted on this site.

By posting a tutorial to JL you grant us rights to make those changes to your content which will include, but not limited to, grammar revisions, formatting, image resizing or cropping. By posting a tutorial for distribution at JL you also grant buyers of that tutorial the right to print one copy for their own personal use.

Some Content will be considered limited view Restricted Content, that is, it will only be available to Registered Members of the Site, such as, but not limited to, Tutorials and limited view Articles. Content classified as “Restricted Article” is determined as such by the author of the content at first posting moment, by unchecking the box ‘Available to Visitors’. Content classified as “Tutorial” is always deemed as Restricted Content, even when free.

By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:

a. Is owned by you or, to the extent owned by someone else, that you have permission or a license to provide the Content to JL for use as described above from the original copyright or patent owner and, in either case, that the Content does not contain any Personal Data about any individual other than you;

b. Does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;

c. Does not invade any individual's right of privacy or publicity;

d. Does not contain material that is unlawful, obscene, defamatory, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable;

e. Does not include malicious code, which includes, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information (including Personal Data);

f. Does not break the law, facilitate the breaking of the law, or violate any applicable regulation or JL rules or policy;

g. Does not offer or disseminate fraudulent goods, services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that constitute commercial content such as that found in advertising, promotions, or solicitations;

h. To the best of your knowledge, all factual information in the Content you upload is true and accurate, and the use of any recipe, formula, or instruction in the Content will not result in personal injury to any person;

i. Does not include links/URLs to other venues (websites) where you or others have any type of jewelry tutorials for sale. This may include your personal website.

EXEMPTIONS: The credits inside PDF Tutorial files may contain links to general websites. These may NOT contain direct links to products. Profile pages may contain links to your site in the Bio text only, but not in the logo.

j. Does not contain blatant advertisement to products, websites, stores or any other commercial venue or event. We reserve the right to determine if a post is considered blatant advertisement or not.

Premium Posting at the Gallery
Premium Posting at the Gallery allows users to link Gallery items to specific outside web pages which are selling those goods. By using this site and/or the Premium posting, you agree and acknowledge that:

a. The description shown in the gallery accurately describes the jewelry for sale;

b. You are the artist who created this handmade jewelry for sale and are not selling commercial or mass-manufactured jewelry made by others;

c. To take full responsibility and liability for all sales and shipping of this jewelry;

d. The link does not link to any pages which sell tutorials or which link to tutorials outside of this site;

e. To remove the link to the page in a timely manner once the article has been sold;

f. You will not post any other links selling jewelry in the gallery description besides the automated one provided by the Premium Gallery service.



Content or links which violate these terms may be removed without warning or replaced by text/images such as "Content removed or edited by JewelryLessons.com staff".


Despite all this, JL cannot guarantee the accuracy, integrity or quality of Content.

JL reserves the right to refuse to permit your publication on the Site of any Content that JL, in its sole discretion, deems in violation of the terms and conditions set forth above.

In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.

Community Use

The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to JL. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold JL responsible for any inadvertent damage to, corruption of or destruction of the Content. JL is not responsible for backing up the Content. You are responsible for backing up your own Content on your own computer. JL will not be responsible for archiving or backing-up any Content. If any Content transmitted to JL is damaged, lost or corrupted in any way, JL will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to JL.

As a User, you agree not to use the Site to:

a. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. Harm anyone, including minors, in any way, or engage in conduct that may be construed as offensive, threatening, harassing, or otherwise harmful to any other Site user, whether such conduct occus on-site or offline;

c. Use "spam," "blast-faxes," or recorded telephone messages to market or sell Content;

d. Interfere with the operation of the Site via the use of viruses, programs or technology designed to disrupt or damage software or hardware;

e. Employ a robot, spider or other process or device to harvest e-mail addresses or other User information or to monitor the activity on the Site;

f. Impersonate another person or entity or to forge any e-mail communication or message; and

g. Transmit or post Content that violates the terms described in the section of this Agreement specifically dedicated to Content.

In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.

JL reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.

JL cannot and does not assure that all users will comply with this or any other provisions of the Terms of Use. Users of this Site, therefore, assume all risk of harm or injury that may result from any such lack of compliance on the part of third party users.

Privacy

In general, JL collects Personal Data when you register with JL, when you use JL services and when you visit JL pages or pages related to the Content posted on JL pages.
At registration, JL collects name, email address and other optional information.

If you apply for Teacher (vendor) status, JL will also request a valid Paypal email ID, full address and other optional information.
JL automatically receives and records information on our server logs from your browser, including your IP address, cookies, and the pages you request. This data is only used in the aggregate and for error control.

JL uses information for the following general purposes: identification and authentication, contact, research, billing, products and services provisioning and anonymous reporting. IP addresses are automatically reported by your browser each time you view a web page. Your IP address is stored in JL's user registration databases when you register with Etsy. IP addresses may be used for various research or security purposes.

That information is used to fulfill your requests for products and services, to conduct research, to contact you, to contact those who purchase your Content and to improve JL services. Your password for access to the Site is stored encrypted; all other information is stored in a password protected database. JL endeavors to limit access to your Personal Data to only those JL employees who reasonably need access to complete these purposes. You may view and edit your account information at any time.

Although JL does store information such as sales invoices and vendor earnings, JL DOES NOT retain sensitive financial information such as credit card or bank account numbers. This information is collected by our third party secure processor Paypal and is not available to any JL personnel.

JL will disclose Personal Data under the following circumstances:

a. In response to subpoenas, court order, other legal process, to establish or exercise JL's legal rights or defend against a legal claim, or as otherwise required by law;

b. As necessary to investigate or prevent violations of the terms of this Agreement, suspected illegal activity or threats to the physical safety of another person;

c. To JL's trusted partners who work on JL's behalf under confidentiality agreements;

d. If JL is acquired by or merged with another company.
JL will transfer your Personal Data to other countries where it does business, but will always treat your Personal Data according to the terms of JL's Privacy Pledge.

If you include your Personal Data in content that you upload for posting and/or purchase on JL's Site, that information may be widely available to other users. JL does not exercise any control over those users and cannot guarantee that your Personal Data will be protected as described in JL's terms of service. JL does not delete or edit your personal information from content you provide unless it fails to agree with these Terms of Use. If you do not want your personal information to be displayed as part of the content you upload, then you must delete it prior to uploading. Remember, you may not include Personal Data about other people in your Content. You also may not use Personal Data about other JL Users in a way that is inconsistent with JL's Privacy Pledge. If you do, you will have violated the terms of this Agreement, and JL may suspend, block or terminate your membership.

JL is not liable for any damage that may be incurred due to use of Personal Data that was made available as part of Content posted on JL's site.
JL will set and access cookies to keep track of your login status. Please reference your browser's "Help" menu to learn how to change cookie preferences.

Your Personal Data does not include Your JL username, and any information you make available through your Public Contact settings. Your JL username and Public Contact information may be displayed on the Site to other users.

For a complete description of JL's use and disclosure of your Personal Data and our contact information, please review JL's Policies found at Policies.

Payment Terms, Selling and Purchasing Content

In order to purchase or retrieve restricted Content from the Site, User must be a registered member, possess either a valid credit card, a PayPal account http://www.paypal.com/) or have enough Userpoints to redeem content.

In order to post Content on the Site for distribution or sale, User must be upgraded to the status of Teacher, which is individually approved by JL authorized staff and moderators.

About Userpoint Reward Program: Users of the Site who post content at JL’s site earn "Userpoints" for participating, purchasing and/or other activities. These Userpoints are part of JL’s efforts to promote community sense and reward customer loyalty. Userpoints can be used later to redeem certain benefits at the Site such as being featured as guest artists, purchase premium content or others. JL is solely responsible for establishing the amount of Userpoints received per participation and the amount of points needed to redeem each type of benefit, including content sales and can change the values at our discretion. Userpoints can be given out as part of certain promotional events such as sales or discounts. You understand and accept that this process is fundamental for establishing community participation.

About Sales, Promotions, Discounts:On occasion, JL will release new sales, promotions, discounts or other marketing oriented events. You understand that these events are created, and may start and end at JL’s sole discretion. The nature and method of implementing each event will be at JL’s discretion as well. Any new benefits, promotions, points, discounts or sales established are not retroactive unless specifically determined by JL and can end at any time we deem fit.

About Base Cost and Final Price of Published Content: During the posting process, Users are asked to choose the amount of creator revenue they will receive for each piece of Content sold or distributed (“Base Cost”). If content is sold on JL’s Site, and we receive payment, JL will pay you the creator revenue amount you chose. In general, JL's service fee is 50% of the net amount (“Final Price”) actually received for your Content. The Final Price must be equal or less to the lowest Retail price of your Equivalent products sold elsewhere (see Restrictions on Use of Content).
For example, if a User publishes a tutorial with a Base Cost of $2.50, JL will set the price of the tutorial at $5.00. So:

Creator Revenue = $2.50;

JL fee = $2.50;

The Final price of the download = $5.00

In this example, the Final Price is $5.00, of which you get HALF - 50% ($2.50) and JL gets 50% ($2.50). However, if you choose to make your Content free, JL waives its service fee altogether. Exceptions to the 50% margin rule will be applied in the case of special offers including coupons, content purchased through Userpoints or discounts to Users who purchase their own Content in bulk.

You agree that Content sold by userpoints will result in no revenues to you as a vendor and should be considered as necessary marketing expense. You also agree that content sold in bulk, special promotion or other discounted prices will result in partial discounted revenues to you as vendor.

If you have published and sold Content on the Site, the amount of Creator Revenue you are owed will be visible in your account under the "My Earnings” page which appears on the “My Profile” navigation bar of the Site. All payments of Creator Revenue due to you are paid via PayPal and are made in US dollars.

You will receive your creator revenue on a monthly basis. Specifically, no later than 31 days after the end of a month JL will make a good faith effort to pay you, using the contact information in our records.

If JL owes you less than $5 for Content sales within a given month, we reserve the right, at our discretion, to roll your revenue forward to the following month until $5 is reached. It is your responsibility to update your contact information if it changes. If your Paypal account is inactive or terminated and we are unable to contact you using the contact information provided, we may also, at our discretion, charge a termination fee equal to the amount of unpaid creator revenue to cover administrative costs.
In order to use the basic JL Service you are not required to provide any taxpayer information.

Delivery and Returns

All Content is delivered electronically via the automated system of the JL site. Delivery of goods is made immediately after payment by Users has been cleared and complete. Should the payment of the User be delayed or not cleared, delivery will be delayed accordingly. Should the payment not be completed for any reason, including but not limited to fraud, then JL does not consider the transaction as complete and owes no revenues to the Teachers. Should Teachers choose to deliver content using their own means such as email before payment is complete, they do it at their own risk.

Content that has been purchased in electronic format will be accepted for return only if it is damaged when received by the purchaser. If you receive an electronic file that is damaged in some way we will be happy to provide a replacement copy. Please notify us by using the form at Contact Us.

Because JL provides a creator-controlled publishing tool, the company cannot accept responsibility for the quality of the Content purchased (including misspelled words, grammatical errors, etc.), formatting or design. JL provides a template that Creators are encouraged, but not demanded to use, to format the layout of their documents, however, the Creators and Users are solely responsible for the content and quality of the information provided, including the quality of the imagery presented in those documents. JL's staff does monitor and checks only individual Content prior to publication only superficially, through our Site to see if it conforms to the standard layout of the Site.

JL also suggests modifications to the instructions and content which may be or may not be followed by the Creator.

User Registration and Information

We want to make sure that you have correctly completed the information in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, you are required to promptly update your User Information on the Site. Remember, it is your responsibility to keep all of your User Information on the Site current.

You will have the opportunity to select a Username and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your Username and Password, and (b) maintaining the confidentiality of your Username and Password. Only one individual may access the Site at the same time using the same Username and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, Username or Password or any other breach of security regarding the Site of which you are aware. JL may refuse to grant you a Username or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason we deem necessary.

Retiring Content and/or Terminating Membership

If you wish to terminate your Membership, please contact us Contact Us with a specific request to do so.

When you choose to 'retire' or 'delete' your Content from JL, it will no longer be available or visible to other visitors. If your Content has never sold a copy or been used in a collaborative project, you can delete it from the Site.

Retiring content is not immediate: it is a process which could take a few days, while programming and web browser memory cache are adjusted to no longer display that content. During this process, residual purchases of paid items could still potentially occur.

The exceptions to your ability to remove Content are as follows:

a. Content that you have granted permission to other Users to incorporate into collaborative projects. If Content has been incorporated into another work for sale on JL, then the derivative work remains available even when the original work is retired;

b. Content retained in our archives to the extent required by our data backup systems or, at JL's discretion, for archival purposes, including, but not limited, to resolve and investigate potential copyright infringement claims. JL will, however, retain any of your Personal Data only for so long as is reasonably required to fulfill the purposes for which it was collected;

c. Content that has been sold or used in another project may still be retired, but that Content will continue to appear on the Site; and

d. Content that you have made available to purchasers in electronic formats may also remain available on the Site (in purchasers' My Downloads) to Users who have purchased that Content. Once Content is retired, it will no longer be available for purchase by others, however, buyers who have previously purchased that Content will continue to have access to the documents directly from their Downloads area indefinitely.

If you wish to delete Content from the site which has been sold and delivered electronically, for any reason including but not limited to settlement of copyright infringement, then you agree to refund in whole all previous buyers of said Content, including JL's fees and Paypal fees. JL does not retain any residual rights to deleted or retired work other than those outlined above.

If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.

If you choose to permanently terminate your membership at JL, then you must delete any applicable content prior to terminating your membership. Once membership has been terminated, all your content will be show as posted by “Anonymous”. JL will retain then the right to delete content posted as “Anonymous”.

Vendors who have sold content at JL Site may not terminate permanently their memberships: instead, they may remain inactive or blocked.

Restrictions on Use of Content

If you purchase or acquire Content from the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:

a. You may not resell the Content or otherwise profit from its use or display;

b. Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating derivative work from the Content is permissible ONLY IF EXPLICITLY designated in the permissions included with the Content at purchase and only to the extent so explicitly designated. You agree to abide by any restrictions included with the Content;

c. The Content owners who sell Content through JL retain ownership of the copyrights or other licenses in the Content. You agree not to allow any other party to: resell, redistribute, sublicense, assign, delegate, or otherwise transfer this Agreement, the Content, any part thereof, or any related rights or obligations hereunder, to any third party; and

d. You will not remove or obscure any proprietary rights notices contained in or on the Content.

If you distribute, post or sell Content on the Site, you agree to the following restrictions with respect to such Content:

a. You may only distribute or post Equivalent Content elsewhere if you are the author or owner of Content’s copyrights;

b. Equivalent Content may not be sold elsewhere for a price lower than the Final Price of Content offered on the Site;

c. Equivalent Content is any content which represents the same final project, whether the description has been altered or modified. JL retains the right to determine whether or not the Content is considered Equivalent Content to the content posted on the Site and may do so at any time;

d. If you post content elsewhere formatted with the Site’s logo, the Site’s name or other associated marks, standard template and/or layout, you must request approval from JL staff or moderators AND all content MUST contain the phrase in visible and prominent location next to the content’s link and inside the content, as follows:
“Use and view of this content constitutes an agreement to www.JewelryLessons.com’s Terms of Use.”

International Users

JL makes no representation that material on the Site is appropriate to or available at locations outside of the United States. You may not use the Site or export the Contents in violation of U.S. export regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all applicable local laws.

Operation of Site

Technical, maintenance and other issues may make JL Site unavailable from time to time. JL makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet User's purposes. JL may also in its discretion modify the features, availability, operation and/or look and feel of the Site from time to time without notice to our users.

Disclaimers

Everything on JL's Site and everything sold via the Site, including all software, services, information, materials, forums, tools and Content is offered by JL and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, JL cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.

You agree that JL is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Userse or outside parties on JL. You use the JL service at your own risk.

REGARDING DOWNLOADS, JL DOES NOT REPRESENT OR WARRANT THAT DOWNLOADING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND DOES NOT REPRESENT OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS. JL WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF THE SITE AND DOWNLOADING CONTENT.

Limitation of Liability

In no event shall Eni Oken Designs, Inc. or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if JL or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of JL, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to JL in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF JL, ITS OFFICERS, EMPLOYEES, AFFILIATES AND AGENTS WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST JL IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE. YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.

Indemnification

If legal action is taken against JL as the result of your violation of this Member Agreement, you shall be wholly financially responsible and mandated to pay for any and all damages or costs assessed against or incurred by JL. Thus, you shall indemnify and hold JL harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that JL may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.

Proprietary Rights

JL is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. JL owns the design, format and layout of the Site. JL authorizes Users of this Site to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorization from JL does not extend to use of the design, format, or layout of this Site, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this Site. Failure to maintain such notices voids the authorization granted above. In granting this authorization, JL grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.

The JL logo and the names of all JL products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of JL.

Miscellaneous

This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.

Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.

This Agreement is governed by the laws of the State of California, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Los Angeles, California. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.

Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. JL and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.

This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venture of the other party for any purpose whatsoever.

Term

This Agreement is effective until terminated. JL may terminate or suspend this Agreement immediately for any reason and without prior notice to you. If applicable under Termination of Membership clause, you may terminate your Membership by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after the receipt of your specific request has been acknowledged by JL. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded or sold remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.

Agreement and Amendments

By completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.

JL may change the terms in this Agreement from time to time. When the terms are changed, JL will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify JL and discontinue your use of the Site. If you use the Site after JL has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
Welcome to JL!
Updated March 16, 2010