JamesEdition Terms of Use

1. Acceptance of Terms

These terms of use (the "Terms of Use") apply to all users on JamesEdition including Advertisers. JamesEdition provides a collection of online services, (the "Service") subject to the Terms of Use. Please read the Terms of Use carefully. JamesEdition provides you with the Service in exchange for your agreement to comply with these Terms of Use. By visiting or using the Service, you agree to comply with and to be legally bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not visit or use the Service. The Terms of Use apply to all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") on JamesEdition.

In addition, when using particular services, you agree to abide by any applicable posted guidelines for all Service, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with JamesEdition in any way, your only recourse is to immediately discontinue use of the Service. JamesEdition has the right, but is not obligated, to enforce the Terms of Use.

If you wish to post ads on JamesEdition you must agree to these Terms of Use. By posting an ad on JamesEdition you agree to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not post any ads on JamesEdition. Any and all ads you post will otherwise be regulated by these Terms of Use.

2. Amendment of the Terms of Use

JamesEdition reserves the right to, in its sole discretion, change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the publishing thereof. You must review this agreement on a regular basis to make sure you are familiar with the current Terms of Use.

3. Content

All right, title and interest in and to the Content is the property of, or is used with permission by, JamesEdition, and is protected by applicable law. You understand that all Content posted on, transmitted through, or otherwise made available through the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post or otherwise make available via the Service. JamesEdition does not control, and is not responsible for Content made available through the Service, and by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. JamesEdition does not in any way guarantee the confidentiality nor your privacy while engaging in contact with others through the JamesEdition site.

Furthermore, the JamesEdition site and Content available through the Service may contain links to other websites, which are completely independent of JamesEdition. If you link to other web sites, you do so at your own risk. JamesEdition expressly states that it takes no responsibility of any kind for other web sites. Please be aware that such linked web sites might have privacy statements and/or terms of use that differ from those of JamesEdition.You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will JamesEdition be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available through the Service.

JamesEdition does not pre-screen or approve Content, but that JamesEdition shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the Terms of Use or the Privacy Policy or for any other reason.

4. Third party content, sites, and services

Our site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content (e.g. other websites) which is completely independent of JamesEdition.

Your interactions with physical or legal persons that you have met through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such physical or legal persons. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We recommend you to be cautious when interacting with other physical or legal persons.

You agree that JamesEdition shall not be responsible or liable for any loss or damage of any kind whatsoever incurred as the result of any such dealings. If there is a dispute between users on our site, or between users and any third party, you understand and agree that JamesEdition is under no obligation to be involved. In the event that you have a dispute with one or more other users, you hereby explicitly and irrevocably release JamesEdition from any and all claims and damages arising out of or in any way connected with such disputes and the Service.

5. Suspected Infringement

If you for whatever reason believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify JamesEditions customer service.

In such case, please provide our customer service with sufficient detail in order for JamesEdition to be able to identify the material that you claim is infringing and a description of the infringement. Please also provide your contact information.

6. User Content

YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY PHOTOS THAT YOU UPLOAD TO THE SITE.

At a High Level. The Service lets you upload and post your Photos, as well as written text, images, web links, location information, and other content (“User Content”). Any User Content that you make available on the Service will belong to you or your licensors. We will not claim any ownership in your User Content–it is completely, 100%, yours.

Limited License to Us. You grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to host, store, transfer, display, adapt, perform, reproduce, modify, translate, and distribute your User Content (in whole or in part) in any media formats and through any media channels (now known or hereafter developed). You understand that we will not pay you for any use of your Photos and that your Photos will be made available to the public for their use without providing you attribution or compensation.

Authority. When you upload Photos to the Service, in addition to the license that you grant us to post the Photos publicly and permit other users to download and use them, you also authorize us under your copyrights to enforce any violations of the sublicenses we grant in the Photos to others. In other words, if an user misuses one of your Photos downloaded from the Service, you authorize us to enforce your copyrights in the Photos on your behalf. If you are interested in learning more about this, please see our FAQs.

Representations and Warranties. You are solely responsible for your User Content and any consequences that occur because you’ve uploaded or posted the User Content on the Service. Each time you upload or post publish User Content, you represent and warrant to us that:

You are the creator and owner of the User Content or have all necessary rights from other people or companies to use, and permit other users to use, your User Content on the Service as envisioned in this Section 6; andYour User Content (including as used by you, us, or other users of the Service) does not and will not infringe or misappropriate any third party right, including copyright and other intellectual property rights, privacy rights, rights of publicity, or moral rights, or slander, defame, or libel anyone. In other words, your User Content must be your original work and you must have the permission of any third parties that have rights in the User Content before you upload or post the User Content to the Service.

Disclaimer. There is no reasonable way for us to monitor all of the User Content that gets uploaded to or posted on the Service, and we are under no obligation to you or the other users to monitor, edit, or control the User Content that you and other users upload or post to the Service. This means that we are not responsible for any User Content on the Service and you agree not to make any claims against us on account of User Content. That said, we may at any time remove, edit, screen, or block any User Content from the Service (without notifying you first) for any reason, including if we think the User Content violates these Terms or is otherwise objectionable. When you use the Service, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent. We may investigate claims alleging that User Content violates these Terms and, in those cases, we alone will decide what actions to take (if any) regarding the User Content in question.

7. Abusing JamesEdition

In order for JamesEdition to work as a functioning and tasteful environment there are certain limitations regarding what you may post on the website. Hence, you agree not to post, email, upload, transmit or otherwise in any way handle or make available Content:

That is unlawful, harmful, threatening, abusive, harassing, invasive of another's privacy, or is harmful to minors in any way;
That is pornographic or depicts a human being engaged in actual sexual conduct or other sexual behaviour;
That harasses, degrades, intimidates or is hateful towards an individual or group on the basis of political orientation, religion, gender, sexual orientation, race, ethnicity, age, or disability;
That impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
That includes personal or identifying information about another person without that person's explicit consent;
That is false, deceptive, misleading, deceitful or misinformative;
That infringes any intellectual property rights of any party, or Content that you do not have a right to make available under any legal or contractual relationship;
That constitutes "affiliate marketing," "junk mail," "spam," "phishing attempts", "chain letters," "pyramid schemes," or unsolicited commercial advertisement;
That advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by applicable law.
That contains viruses 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;
That disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;
That employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service; or
That violates any agreements such as e.g. confidentiality agreements.

Additionally, you agree not to:

Engage in any conduct that limits any other person from using or enjoying the Service;
Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose or otherwise stalk or harass anyone;
Collect personal data about other users for commercial or unlawful purposes;
Alter, delete, interfere or otherwise damage any portion of JamesEdition
Use automated means to download data from the Service, included use of unless expressly permitted by JamesEdition;
Use "posting agents" i.e. third-party agents, services, or intermediaries that offer to post Items on behalf of others, unless expressly approved by JamesEdition.
Attempt to gain unauthorized access to JamesEdition's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the JamesEdition website.

In general you agree to refrain from any actions that (a) may interfere with, damage or exploit JamesEdition's business; (b) may overburden or impose a disproportionately large load on JamesEdition's infrastructure; (c) is used in connection with or for the benefit of any commercial enterprise or competing business; (d) constitute an unauthorized use or practice in violation of these Terms of Use or the Privacy Policy; (e) removes, alters or obscures any copyright or trademark notice, name, mark, logo, URL, Content, or Items, including without limitation company names, contact information, marks, logos or URLs, or frame any Content and (f) does violate applicable laws or regulations.

8. Your Access

JamesEdition grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data gathering and extraction tools for any purpose unless expressly permitted by JamesEdition.

9. Privacy Policy

JamesEdition has established a Privacy Policy to explain to users how their information is collected and used, which you also agree that you are familiar with and that constitutes part of your agreement while using the Service. You further acknowledge and agree that JamesEdition may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or other administrative order or otherwise in order to enforce the Terms of Use; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information of a third party has been posted without consent; protect the rights, property, or safety of JamesEdition, its users or others.

10. Limitations on Service

You acknowledge that JamesEdition may establish limits concerning use of the Service, such as including but not limited to limit the number of days that Content will be retained by the Service, limit the number and size of postings, limit the number and size of email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that JamesEdition has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that JamesEdition reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that JamesEdition shall not be liable to you or anyone else for any modification, suspension or discontinuance of the Service.

11. Termination

You agree that JamesEdition, in its sole discretion, has the right to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service or part thereof, immediately and without notice, and remove and discard any Content within the Service, for whatever reason, including but not limited to, if JamesEdition believes that you have acted inconsistently with the Terms of Use or the Privacy Policy.

Should you wish to put on hold, or stop advertising with JamesEdition you can do so by informing your manager or making a request here before your next payment date. Notice should be given at least 30 days prior to expiration of your subscription (14 days in case of a monthly subscription).

12. Proprietary Rights of the Service and the Content

Content displayed on or through the Service is protected by copyright, trademark right and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the Content is prohibited without the express written consent of JamesEdition. You may not take any means in any way in order to attempt to discover any source code contained in the Service.

Although JamesEdition does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to JamesEdition an irrevocable, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant JamesEdition all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

Neither you nor anyone appointed by you may in any way amend the JamesEdition site nor may you republished, copy, transmit or distribute it for commercial use, for the creation of derivative works, or for public display in any form or by any means, except as permitted in these Terms of Use. Nothing contained in the Terms of Use or on the JamesEdition site shall confer any license or right, under any of JamesEdition's intellectual property rights, or under any third party's intellectual property rights.

Neither may you or anyone appointed by you in use, modify, adapt, reverse engineer or otherwise exploit any of the Content, including without limitation Items, in whole or in part, except as expressly permitted by these Terms of Use.

JamesEdition may (but is not obligated to) enforce any and all of its intellectual property rights and other legal rights to the fullest extent possible by law, and may seek damages, injunctive reliefs, attorney's fees and criminal prosecution where appropriate. Any rights not expressly granted herein are reserved by JamesEdition.

13. Disclaimer of Warranties

YOU AGREE THAT USE OF THE JamesEdition SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE JamesEdition SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. JamesEdition DISCLAIMS ANY WARRANTIES FOR INTER ALIA THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. JamesEdition DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JamesEdition SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE JamesEdition SITE. JamesEdition DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR THE SERVICE.

14. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL JamesEdition BE LIABLE FOR ANY DAMAGES OF ANY KIND, RESULTING FROM ANY ASPECT OF YOUR USE OF THE JamesEdition SITE OR THE SERVICE, COMPLETELY REGARDLESS OF HOW THE DAMAGES HAVE ARISEN. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE JamesEdition SITE OR THE SERVICE OR ANY LINKS ON THE JamesEdition SITE.

15. Indemnity

You agree to indemnify and hold JamesEdition AND IF APPLICABLE AND ASSOCIATED PHYSICAL OR LEGAL PERSONS harmless from any claim or demand, including reasonable attorneyS fees and court costs made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms of Use, ADVERTISERSâ€™ AGREEMENT OR PRIVACY POLICY, your breach of any of the representations and warranties herein OR OTHERWISE BREACH OF THE SPIRIT OF JamesEdition AND THE APPLICABLE AGREEMENTS.

16. Governing Law and Disputes

The Terms of Use, the Privacy Policy and the relationship between you and JamesEdition shall be governed by the substantial laws of the Netherlands. You and JamesEdition agree that all disputes and claims arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be submitted to arbitration under the auspices of the Arbitration Rules of the Netherlands Arbitration Institute (the “NAI Rules”) in force on the date on which the notice of arbitration is submitted in accordance with such rules. The arbitral tribunal shall be composed of three arbitrators appointed in accordance with the NAI Rules. The seat and place of arbitration shall be Amsterdam, the Netherlands, and the English language shall be used throughout the arbitral proceedings.

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose.

17. Violations

Please report any suspected violations of the Terms of Use or the Privacy Policy to our customer service