PADDLEJACK USER AGREEMENT
1. ACCEPTANCE OF TERMS
The services that PADDLEjack.com, LLC (“PADDLEJACK”) provides to User are subject to the following User Agreement ("UA"). PADDLEJACK reserves the right to update the UA at any time without notice to User. The most current version of the UA can be reviewed by clicking on the "User Agreement" hypertext link located at the bottom of our Web pages. By signing up for a User account, User agrees to comply with all of the terms and conditions hereof, which form a legally binding agreement between User and PADDLEJACK.
A. This Agreement, which incorporates by reference other provisions applicable to use of www.PADDLEjack.com (“PADDLEJACK”), including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in PADDLEJACK, sets forth the terms and conditions that apply to use of PADDLEJACK by User. The right to use PADDLEJACK is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.
B. PADDLEJACK shall have the right at any time to change or discontinue any aspect or feature of PADDLEJACK, including, but not limited to, content, hours of availability, and equipment needed for access or use.
2. CHANGED TERMS
PADDLEJACK shall have the right at any time to change or modify the terms and conditions applicable to User's use of PADDLEJACK, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on PADDLEJACK, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of PADDLEJACK by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Through its Web property, PADDLEJACK provides User with access to a variety of resources, services, applications and tools (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the UA.
User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of PADDLEJACK and all charges related thereto. 5. USER CONDUCT
A. User shall use PADDLEJACK for lawful purposes only. User shall not post or transmit through PADDLEJACK any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without PADDLEJACK's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in PADDLEJACK's discretion restricts or inhibits any other User from using or enjoying PADDLEJACK will not be permitted. User shall not use PADDLEJACK to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with PADDLEJACK.
B. PADDLEJACK contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of PADDLEJACK are copyrighted as a collective work under the United States copyright laws. PADDLEJACK owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of PADDLEJACK and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
C. User shall not upload, post or otherwise make available on PADDLEJACK any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of PADDLEJACK, User automatically grants, or warrants that the owner of such material has expressly granted PADDLEJACK the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants PADDLEJACK the right to edit, copy, publish and distribute any material made available on PADDLEJACK by User.
D. The foregoing provisions of Section 5 are for the benefit of PADDLEJACK, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. USE OF SERVICES
The Services may contain email services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
a. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
d. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
e. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
f. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
g. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.h. Download any file posted by another user of a Communication Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
i. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
j. Restrict or inhibit any other user from using and enjoying the Communication Services.
k. Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
l. Harvest or otherwise collect information about others, including email addresses.
m. Violate any applicable laws or regulations.
n. Create a false identity for the purpose of misleading others.
o. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
PADDLEJACK has no obligation to monitor the Communication Services. However, PADDLEJACK reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. PADDLEJACK reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. PADDLEJACK reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PADDLEJACK's sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
Always use caution when giving out any personally identifiable information in any Communication Services. PADDLEJACK does not control or endorse the content, messages or information found in any Communication Services and, therefore, PADDLEJACK specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized PADDLEJACK spokespersons, and their views do not necessarily reflect those of PADDLEJACK.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
PADDLEJACK may charge a fee to post content or for other features, products, services or licenses. User is responsible for any fees applicable to content that User posts or other features, products, services or licenses User purchases or that are purchased through User account. User authorizes PADDLEJACK, or its designated payment processor, to charge User specified credit card, debit card or other payment method for such fees. Unless otherwise specified, all fees are in United States dollars and all charges will be made in United States dollars. Any applicable sales or other taxes are additional to the stated fee. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card or other payment method provider. Except as required by law, all fees are nonrefundable, including, without limitation, in situations where PADDLEJACK removes paid posts for inappropriate content. User may not cancel payments and purchases, except as required by law. However, PADDLEJACK reserves the right to refuse or terminate any purchase or attempted purchase at any time in its sole discretion. User understands and agrees that if a payment transaction authorized with User credit card, debit card or other payment method, but the charge is rejected for any reason, there may be a hold on that transaction amount for several days.
9. NOTICES REGARDING SERVICES AVAILABLE ON PADDLEJACK
IN NO EVENT SHALL PADDLEJACK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
10. MATERIALS PROVIDED TO PADDLEJACK
PADDLEJACK does not claim ownership of the materials User provide to PADDLEJACK (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting PADDLEJACK, its affiliated companies and necessary sub licensee’s permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all PADDLEJACK Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. PADDLEJACK is under no obligation to post or use any Submission User may provide and PADDLEJACK may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these User Agreement including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these User Agreement and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these User Agreement, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these User Agreement, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these User Agreement, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
11. Disclaimer of Warranty; Limitation of Liability
A. USER EXPRESSLY AGREES THAT USE OF PADDLEJACK IS AT USER'S SOLE RISK. NEITHER PADDLEJACK, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT PADDLEJACK WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF PADDLEJACK, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH PADDLEJACK.
B. PADDLEJACK IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT PADDLEJACK IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
D. IN NO EVENT WILL PADDLEJACK, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING PADDLEJACK OR THE PADDLEJACK SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE PADDLEJACK. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, PADDLEJACK, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN PADDLEJACK, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
12. LINKS TO THIRD PARTY SITES
The links in this area will let you leave PADDLEJACK’s site. The linked sites are not under the control of PADDLEJACK and PADDLEJACK is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. PADDLEJACK is not responsible for webcasting or any other form of transmission received from any linked site. PADDLEJACK is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PADDLEJACK of the site.
PADDLEJACK is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, PADDLEJACK has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of PADDLEJACK, are those of the respective author(s) or distributor(s) and not of PADDLEJACK. Neither PADDLEJACK nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through PADDLEJACK represents the opinions and judgments of the respective information provider, User, or other user not under contract with PADDLEJACK. PADDLEJACK neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on PADDLEJACK by anyone other than authorized PADDLEJACK employee spokespersons while acting in their official capacities. Under no circumstances will PADDLEJACK be liable for any loss or damage caused by a User's reliance on information obtained through PADDLEJACK. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through PADDLEJACK. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
PADDLEJACK shall have the right, but not the obligation, to monitor the content of PADDLEJACK, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by PADDLEJACK and to satisfy any law, regulation or authorized government request. PADDLEJACK shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on PADDLEJACK. Without limiting the foregoing, PADDLEJACK shall have the right to remove any material that PADDLEJACK, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless PADDLEJACK, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of PADDLEJACK by User or User's Account.
Either PADDLEJACK or User may terminate this Agreement at any time. Without limiting the foregoing, PADDLEJACK shall have the right to immediately terminate User's Account in the event of any conduct by User which PADDLEJACK, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
This Agreement and any operating rules for PADDLEJACK established by PADDLEJACK constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
17. COPYRIGHT AND TRADEMARK NOTICE
PADDLEJACK and its logos are trademarks of PADDLEJACK and may not be used for any purpose whatsoever without permission of the PADDLEjack. All rights reserved. All other trademarks appearing on PADDLEJACK are the property of their respective owners.
18. THIRD PARTY TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real PADDLEjack, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.