IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
1. The Website Content.
(a) This website (“Website”) includes without limitation: (a) the whatwouldjudysay.com blog and submission form (collectively the “Services”);(b) information such as background information about Judge Judy Sheindlin, her publications, her opinions, and other valuable information (“Information”); and(c) content such as data, text, music, sound, photographs, graphics, video, messages, or other materials (“Content”).
(b) JJS and HHP make no representation that the Website, Information, or Content is appropriate or available for use in all locations or that JJS and HHP’s Services are available in your location.
(d) Your submission, uploading, posting to or otherwise transmitting Content via the Website does not create an attorney-client relationship between you and Judge Judy Sheindlin or you and Her Honor Productions, LLC.
(e) To the extent you request or subscribe to receive information from JJS or HHP via e-mail, JJS and HHP will use commercially reasonable efforts to deliver such information to the e-mail address you provide; however, JJS and HHP cannot and does not guarantee delivery of such e-mail.
(f) JJS and HHP shall have no obligation to, or liability for failing to, review, scour, police or manage any Content that you or other users upload or post to, place on, or otherwise transmit via the Website; however, JJS and HHP reserve the right to block your access to the Website and/or edit or remove any Content that violates these Terms.
Subject to Your compliance with all of these Terms, JJS and HHP grant You a non-exclusive, nontransferable, limited, personal, fully-revocable (at any time and for any reason), term license to view the Website.
3. Your Obligations.
In consideration of your use of the Website, You agree:
(a) Not to use the Website to: (i) transmit spam, unsolicited communications, or unauthorized third-party Content; (ii) spoof someone else's identity or otherwise misrepresent your affiliation with a person or entity; (iii) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content You transmit; (iv) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Website; (v) engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law; or (vi) collect or store personal data about other users unless specifically authorized by such users; and
(b) To be entirely responsible for all Content that You upload or post to, place on, or otherwise transmit via the Website and, specifically, not to upload, post or otherwise transmit, via the Website, any Content that: (i) is harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, threatening, or otherwise objectionable; (ii) includes unauthorized disclosure of personal information; (iii) violates or infringes anyone's intellectual property rights; or (iv) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or interfere with the operation of any software, hardware, or other equipment; and
(c) To accept sole and exclusive responsibility (as between JJS, HHP, and You) for adequate protection of Your data and/or equipment used in connection with the Website.
(d) You agree to defend JJS and/or HHP from any claim, suit, demand, and action of any third party, and indemnify and hold JJS and HHP harmless from any resulting judgment, settlement, and cost, including reasonable attorneys’ fees, due to or arising out of Your Content, Your use of (or connection to) the Website (including any use by You on behalf of Your employer), Your breach of these Terms, or Your violation of any third-party rights.
(a) The Website may contain advertisements and/or promotions of third parties (“Sponsors”). You agree that Your dealings with, or participation in promotions of, Sponsors (including, without limitation, delivery of goods or services, warranties, representations, and any other terms or conditions associated with such dealings) are solely between You and Sponsors, and JJS and HHP shall have no responsibility or liability for any loss, damage, claim, or complaint of any sort or nature You incur as the result of or relating to any such dealings regardless of the presence of Sponsors on the Website.
(b) You may find links to other Internet sites or resources on the Website that offer content, goods, or services. You acknowledge and agree that JJS and HHP have no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
During your access to and use of the Website, You may obtain information that JJS or HHP or other users consider “confidential” or “proprietary” (“Confidential Information”). You agree (i) not to reveal the Confidential Information to any third parties and (ii) to take precautions, which shall be at least the more protective of (A) reasonable and prudent care or (B) those taken in safeguarding Your own trade secret, confidential, or proprietary information, whether by instruction, agreement, or otherwise, to satisfy Your obligations under these Terms with respect to authorized use, protection, and security of the Confidential Information. The foregoing restrictions do not extend to information that (i) is at the time of disclosure already known to You from a source not under a confidentiality obligation, (ii) is published or otherwise made known to the public by JJS or HHP, or (iii) is received by You from a third party who is not bound by any confidentiality obligations with respect to such information. You agree that the wrongful disclosure of Confidential Information will cause JJS or HHP (or its other users) irreparable injury that is inadequately compensable in monetary damages; accordingly, JJS and HHP shall be entitled to injunctive relief in any court of competent jurisdiction against You for the breach or threatened breach of this Section, in addition to any other remedies at law or equity.
6. Intellectual Property Rights.
(a) Except as expressly authorized in writing by JJS or HHP, You shall not (via any means, now known or later discovered or created) reproduce, modify, distribute in any manner (including rent, lease, loan, or sell), mirror, frame, republish, download, transmit, create derivative works of, or remove or modify any copyright or trademark notice or other notice of ownership relating to, the Content of JJS or HHP or others, in whole or in part.
(b) Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
(c) If You believe that Your copyright, trademark, or privacy right has been infringed, in any way, by Content on the Website, please provided a detailed description of the alleged infringement for further investigation via e-mail to firstname.lastname@example.org. JJS or HHP’s receiving, investigating, or responding to your e-mail shall not constitute JJS or HHP’s agreement or verification of your claim(s) nor any admission of liability therefore. JJS and HHP make no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to your claim within any particular time.
YOU USE THE WEBSITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES). TO THE EXTENT PERMITTED BY LAW, JJS AND HHP PROVIDES THE WEBSITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND JJS AND HHP SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HHP MAKES NO WARRANTY, RESPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED: (I) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT; (II) THAT THE WEBSITE OR THE SERVICES WILL OPERATE UNINTERRUPTED OR ERROR-FREE; (III) THAT THE WEBSITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS; (IV) AS TO THE QUALITY OR VALUE OF ANY SPONSORS’ PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR (V) THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
8. Limitation of Liability.
(a) To the extent permitted by law, JJS and HHP shall have no liability, relating to your use of (or connection to) the Website, for: (a) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or (b) for direct damages, actually proven, exceeding US$1,000.00. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
(b) JJS and HHP reserve the right, at any time, in JJS or HHP’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Website, the Services, the Information or the Content, or any part thereof, and/or Your use of or access to them, with or without notice, and JJS and HHP shall have no liability to You or any other person or entity for any modification, suspension, or termination of the Website, the Services, the Information or the Content, or any part thereof, or any loss of related information.
(a) JJS and HHP may provide notice(s) to You via e-mail, regular mail, reputable overnight delivery service, or by posting notices or links to notices on the Website.
(b) JJS and HHP may amend these Terms at any time by posting the amended terms on this Website.
(c) These Terms and performance hereunder shall be governed by the laws of the State of Florida. Sole venue and jurisdiction for any proceedings pertaining to these Terms shall be in the state and federal courts located in Ft. Myers, Florida.
(d) JJS and HHP shall not be liable under these Terms for failure to perform any of their obligations during any period in which it cannot perform due to matters beyond its control, including, but not limited to act of God, strike, fire, flood, natural disaster, war, embargo, or riot.
(e) The waiver or failure of JJS or HHP to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
(f) If any provision of these Terms is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is, to the extent necessary, deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
(g) These Terms constitute the entire agreement and understanding regarding Your use of the Website and supersede any prior versions of the Terms. No amendment, addition, deletion, or revision to these Terms shall be valid unless written and signed by JJS or an officer of HHP. The headings used herein are for convenience only and shall not control or affect the meaning or construction of any provisions of these Terms.
AFB IRV1118444.1-*-12/22/09 5:45 AM