Terms and Conditions of Use
Last updated: October 16, 2013
Welcome to the JoshuaShermanPresents.com website. Joshua Sherman Productions, LLC and its affiliates (“JSP”) maintain this site (“Site”) for your personal entertainment, information, education and communication. Please feel free to browse the Site at any time; however, by browsing the Site, you are subject to the terms and conditions (“Terms and Conditions”) of this Site. By accessing this Site, you accept, without limitation or qualification, the following Terms and Conditions. If you do NOT accept the Terms and Conditions, then please discontinue your use of this Site.
Use of Site
JSP reserves the right, in its sole discretion, to amend the Terms and Conditions, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions, or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other means. Continued use of the Site by you shall constitute your binding acceptance of such amendments, modifications, additions or deletions. The Site is owned and operated by JSP and its affiliates and contains material that is derived in whole or in part from material supplied and owned by JSP and other sources . Such material is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code and software. During your visit however, if you are a member of the press, you may download material displayed on the media section of the Site for media purposes only, provided that you also retain all copyright and other proprietary notices contained on the material. JSP neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliates with JSP.
Disclaimer of Warranties
While JSP uses reasonable efforts to include up to date information in the Site, JSP makes no warranties or representations as to its accuracy, timeliness, reliability, completeness or otherwise. JSP has provided links and pointers to Internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party materials on the Site. Neither JSP, its affiliates or suppliers operate or control in any respect the information, products or services on these Third Party Sites. The content, materials and products or services available in or accessible through the Site are AS IS and, to the fullest extent permissible pursuant to applicable law, JSP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. JSP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, ITS CONTENT AND SERVICES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
YOUR USE OF, AND BROWSING IN, THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SITE, INCLUDING THE INFORMATION PROVIDED HEREUNDER, AND FOR MAINTAINING ANY MEANS THAT YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY INFORMATION SENT OR RECEIVED IN CONNECTION THEREWITH, MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY. IN NO EVENT SHALL JSP, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, JSP’S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JSP OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBLITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNITION-LINE FAILURE, NETOWRK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT JSP, ITS AFFILIATES AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE.
While we are happy to hear from you, it is Joshua Sherman Productions’ policy not to accept or consider creative materials, ideas, or suggestions other than those we specifically request. This is to avoid any misunderstandings if your ideas are similar to those we have developed independently. Therefore, we must request that you do NOT send to us any original creative materials such as songs, audio recordings, screenplays, stories, original artworks, etc. Any communication or material you do transmit to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit or post shall be deemed the property of and may used by Joshua Sherman Productions, or its affiliates, for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Joshua Sherman Productions is free to use and shall be deemed to own, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products using such information. Disclosure, submission or offer of any submissions to the Site shall constitute an assignment to Joshua Sherman Productions of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such submission. JSP may edit, copy, publish, distribute, translate, and otherwise use in any medium any submission that you forward to JSP and will own exclusively all such rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise, of the submission. JSP is and shall be under no obligation to: (1) maintain any of your or any user’s submission in confidence; (2) to pay to you or any user any compensation for any submissions; or (3) to respond to any of your or any other user’s submissions.
The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of JSP and others. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of JSP or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that JSP will aggressively enforce its intellectual property rights to the fullest extent of the law.
Your correspondence or business dealings with, or participation in promotions of, merchants found on or through the Site, including payment and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant. JSP will NOT be responsible or liable for any loss and/or damage of any sort incurred as the result of any such dealings or as the result of the presence of such merchants on the Site.
Chat Rooms/ Message Boards/ Bulletin Boards
The Site or Third Party Sites linked to this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions, or material to us, the Site or others (“Post” or “Postings”). Postings do not reflect the views of JSP; and JSP does not have any obligation to monitor, edit or review any Postings on the Site. JSP assumes NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, slander, libel, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such Postings on the Site. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. JSP will fully cooperate with law enforcement authorities or court order requesting or directing JPS to disclose the identity of anyone posting any such information or materials.
You agree to indemnify, defend and hold JSP, its affiliates, and their respective officers, managers, directors, owners, employees, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liability, losses, actions, suits, costs and expenses (including attorneys’ fees) arising out of or incurred by any breach by you of these Terms and Conditions. JSP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with JSP’s defense of such claim.
JSP may, in its sole discretion, terminate your password, account (or any part thereof) or your access to this Site, or remove and discard any communication transmitted by you, or information stored, sent or received via the Site without prior notice and for any reason including without limitation (i) any violation of the terms and conditions of this Agreement or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Site, and (ii) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Site. You may terminate your membership hereunder upon thirty (30) days written notice by you to JSP of your intent to terminate this Agreement. Termination, suspension or cancellation of this Agreement or your access rights shall not affect any right or relief to which JSP may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will automatically terminate and immediately revert to JSP and its licensors.
Children Online Protection Act Notification
The Site is controlled and operated by Joshua Sherman Productions from its offices within the United States of America. Unless otherwise specified, the materials on the Site are presented solely to promote and provide information about JSP’s products and services available in the United States. JSP makes no representations that the materials in the Site are appropriate or available for use in other locations and other countries. Those who choose to access the Site from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Software available from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported: (A) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syrian or any other country to which the U.S. has embargoed goods, or (B) to anyone one the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
JSP, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Site if it determinates in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. JSP accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), JSP has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to JSP in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement:
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
- Identification of the copyrighted work or works claimed to have been infringed at that site. Similarly for works that are defamatory or infringe patent, trademark or other proprietary rights of a third party, please submit a list of such materials.
- Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory 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.
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number and/or email address.
- 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 or other proprietary right owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
The agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such state. Any action you, any third party or JSP bring to enforce this agreement, or in connection with any matters related to this Site shall be brought only in either the state or Federal Courts located in New York County, New York, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceable of any remaining provisions. This agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.