Effective Date: February 1, 2011
THE JDL HORIZONS WEBSITE
THE JDL WEBSITE
The JDL Websites, including but not limited to all text, graphics, logos, icons, images, data, graphs, audio, videos, computer programs and other material and information contained on, or utilized in the provision of, the JDL Websites is the property of JDL or its suppliers and is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights. JDL hereby grants you a limited, nonexclusive, non-transferable, personal license to use the JDL Websites for personal or informational purposes only. You may print and/or download and store portions of JDL Websites for personal use only, provided that you retain all copyright and other proprietary notices contained on the JDL Websites. Except as expressly authorized by JDL in writing, you may not use, copy, distribute, modify or create derivative works from, disclose, display, transmit, or post or any portion of the JDL Websites for any purpose. All rights not expressly granted herein are reserved to JDL and/or its licensors.
To use certain features of the JDL Websites or participate in certain activities sponsored by JDL, we might ask you to register as a customer, user or participant. If so requested, each JDL Websites user must: (1) personally provide true, accurate, current and complete information on the JDL Websites’ registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, JDL has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, JDL may suspend or terminate any and all current or future use of the JDL Websites by that user. A user may receive passwords and account designations upon completing certain JDL Websites registration processes and is wholly responsible for maintaining the confidentiality of such passwords or designations.
The JDL Websites may include the following interactive services: blogs, chat areas, forums, product reviews and/or other message or communication facilities. All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever, whether posted or transmitted to JDL or the JDL Websites, shall be collectively referred to as the “Content.” The submitting user retains ownership of Content. Notwithstanding the user’s ownership, the submitting user grants the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to JDL to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. JDL has not, and will not, review, monitor or edit the Content for accuracy, timeliness, integrity or completeness. JDL shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it considers to violate the Terms or be otherwise illegal. JDL, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law, judicial or governmental mandate or, to protect the rights, property, or personal safety of JDL Websites users and the public.
RULES FOR CONTENT SUBMISSION
We ask you to follow these rules when submitting Content: (1) you shall not upload to, distribute through or otherwise publish through the JDL Websites any Content that is libelous, defamatory, obscene, pornographic, invasive of privacy or publicity rights, abusive, that would constitute or encourage a criminal offense or that would otherwise give rise to liability or violate any law; (2) you shall not use the JDL Websites to post Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or that could be harmful to minors or that harasses or advocates harassment of another person; (3) you will use these JDL Websites only in a manner consistent with all laws and regulations and in accordance with the Terms; (4) you will not impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false IP addresses or headers, or otherwise conceal your identity from JDL; (5) you will only submit Content for which you have the copyright or other specific permission to distribute; (6) you will not violate, plagiarize, or infringe on the rights of third parties including copyright, trademark, trade secret, privacy, publicity or proprietary rights; and (7) you shall not distribute or otherwise publish any Content containing any solicitation of funds, advertising, or solicitation for goods or services. JDL shall not be liable in any way for any Content.
JDL may terminate your use of the JDL Websites for: (1) breach of these Terms; (2) your abuse of JDL Websites resources or attempt to gain unauthorized entry to the JDL Websites; or (3) as required by law, regulation, court or governing agency order. JDL's termination of any user's access to the JDL Websites may be effected without notice and, on such termination, JDL may immediately bar any further access to the JDL Websites. JDL shall not be liable to any user or other third party for any termination of that user's access to the JDL Websites.
The JDL Websites may provide links to other websites. JDL exercises no control whatsoever over such other websites and is not responsible or liable for the availability, content, advertising, products or other materials on such websites. Your access and use of such linked websites, including information, material, products and services therein, is solely at your own risk.
LIMITED WARRANTY AND DISCLAIMER; LIMITATION OF LIABILITY
EACH USER'S USE OF THE JDL WEBSITE IS AT HIS OR HER SOLE RISK. THE JDL WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JDL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JDL SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE JDL WEBSITE. IN NO EVENT SHALL JDL’S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OR OTHERWISE EXCEED $5.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
"JDL”, “EDUVISION” and “LEARNING SYMPHONY” are trademarks of JDL. “GRAND STADIUM” is a trademark of GrandStadium, LLC. All other marks, names, and logos mentioned on the JDL Websites are the property of their respective owners. Your use of the JDL trademarks and other marks, names and logos set forth on the JDL Websites without prior written consent is strictly prohibited.
JDL respects the intellectual property rights of others, and requires that the people who use the JDL Websites do the same. It is our policy to respond promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on this JDL Websites in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing: (1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf; (2) identification of the copyrighted work that you claim has been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit JDL to locate the material, including the full URL; (4) your name, address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is:
Tom Lapping, JDL Horizons, LLC, 82300 Norman Center Drive, Suite 510, Bloomington, Minnesota, 55437, firstname.lastname@example.org, 952-697-0555.
The Terms constitute the entire agreement between each user and JDL and govern each user's use of JDL Websites, superseding any prior agreements. The Terms and the relationship between each user and JDL shall be governed by the laws of the State of Minnesota without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Hennepin, Minnesota. This JDL Websites are controlled and operated by JDL from its offices within the State of Minnesota, United States of America. JDL makes no representation that materials in the JDL Websites are appropriate or available for use in other locations. Those who choose to access this JDL Websites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between JDL and any user.