Introduction

Terms of use updated November 23, 2011

Welcome to Jspace! Jspace, LLC. (“Jspace”) operates a website located at www.Jspace.com (also referred to as “Jspace” or “the website” or “the Jspace website”) that provides an activity, feature and content rich web destination for users. These terms of use (“TOU”) constitute a binding agreement—and the only agreement—between Jspace and you governing your use of the website. By visiting the website, you agree to be bound by all of the terms and conditions of these TOU.

If you do not agree to these TOU, please do not register for or enter the Jspace website. Jspace may also modify these TOU at any time, without notice. Any modifications will be posted on this page, so we suggest you return to this page on a regular basis to view these TOU. Your continued use of the Jspace website after any modification will mean you agree to these TOU as modified. If you do not agree to a modification, you should stop visiting Jspace immediately.

We at Jspace take these TOU seriously. We believe they are necessary to create a Web atmosphere in which all who come here may feel safe and respected. If we believe you have breached these TOU, we may, without notice, suspend or terminate your ability to access the Jspace website and/or any other service, specific content, digital products, products, courses or events, provided to you by Jspace, including any personal website.

Registration for Membership and Registered Users

Visitors to Jspace may provide their identifying information and attempt to become a “Registered Member” of the Jspace website. However, Jspace shall determine, in its sole and absolute discretion, whether a visitor may become a Registered Member. Jspace reserves the right to reject any potential Registered Member at its sole discretion. Registration is limited to individuals age 13 and older—see our notices below regarding “Children Under Age 13” and “Children Between the Ages of 13 and 18”. As a Registered Member, you will have your own profile that identifies you according to privacy settings you control as a member of Jspace, and have access to community tools (e.g., discussion groups and blogs) and other services in which only Registered Members may participate.

Each Registered Member creates a password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your account settings on the Jspace website. You agree to immediately notify Jspace of any unauthorized use of your password or account or any other breach of security. Jspace cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Information and Representations Provided at Registration and Thereafter

By registering with Jspace, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form and in all descriptive content you post about yourself on Jspace. If any of your information changes, you agree to update your registration information as soon as possible. If Jspace suspects that your registration information or descriptive content is not complete, current or accurate or that you have otherwise violated these TOU, your account may be subject to suspension or termination, effective immediately and without any prior notice, and we may delete anything you have posted (including but not limited to information about yourself), and you may be barred from using the Jspace website.

Children Under Age 13

Jspace is not directed at children under 13 years of age. Any registration, use of, or access to the Jspace website by anyone under 13 is unauthorized, unlicensed and in violation of these TOU.

Jspace does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. If you are under 13, please do not attempt to register on Jspace or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 13 may provide any personal information to or on the Jspace website. If we learn that we have collected personal information from a child under age 13 with or without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us by visiting www.Jspace.com/help/contactus/

NOTWITHSTANDING THE FOREGOING, PLEASE NOTE THAT JSPACE MAY FROM TIME TO TIME OFFER A DATING SERVICE AS PART OF ITS SERVICE OFFERINGS AT THE WEBSITE. ONLY REGISTERED MEMBERS WHO (I) ARE 18 YEARS OF AGE OR OLDER, AND (II) PROVIDE THEIR DATE OF BIRTH IN THE REGISTRATION PROCESS, MAY REGISTER FOR, AND PARTICIPATE IN, SUCH DATING SERVICE.

Children Between the Ages of 13 and 18

We recommend that minors over the age of 13 ask their parents for permission before posting any information about themselves on any website or sending any information about themselves to anyone over the Internet.

Parents of children between the ages of 13 and 18 who wish to allow their children access to the Jspace website have the responsibility to determine the content that is appropriate for their children. Please be aware that Jspace members have created areas on the Jspace website that may contain adult or mature content. See the section above about the dating area of the Jspace website.

Privacy Policy

Your use of Jspace is subject to our Privacy Policy. To view the Jspace Privacy Policy, please visit www.Jspace.com/help/privacypolicy/

Other Parties and Websites

From time to time, Jspace may make available to you certain services offered by third parties, or pages of the Jspace website may include links to other parties’ websites. Those third party services and websites are not governed by these TOU and/or Privacy Policy but may be governed by other terms of use and privacy policies. Also, Jspace does not review all the content of these external websites and is not responsible for the quality of information on any of the external websites or any link contained in the external websites. These links may lead unintentionally to sites containing information that some people may find inappropriate or offensive.

Intellectual Property

All intellectual property rights in and to Jspace, other than content posted by third parties not under our control, are and shall be owned by Jspace.com, LLC. Those rights include, but are not limited to, database rights, copyright, design rights (whether registered or unregistered), patents, trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. Jspace ® is a registered trademark of Jspace.com, LLC and all goodwill derived from the use of the Jspace mark shall be owned by Jspace.com, LLC. All other trademarks, logos, service marks, company or product names set forth on Jspace are the property of their respective owners. All Jspace content is protected under the copyright and intellectual property laws of the United States and other countries. The Jspace website also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of Jspace content solely for your own personal, non-commercial use. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices, including copyright and trademark notices, from materials downloaded from Jspace.

Content and Comments Posted by Jspace Members

Jspace is intended to be an Internet destination where individuals may exchange diverse viewpoints and ideas. The interactive nature of postings on Jspace makes it impossible for Jspace to assume responsibility for the materials posted by our users. The ideas, suggestions, opinions, comments and observations made by Registered Members, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by such (all of which are referred to as “Member Content”) are not endorsed by Jspace, and we make no guarantee regarding the reliability, accuracy or quality of any Member Content that is posted on the website. You acknowledge that you will evaluate and bear any risks related to your use of any Member Content, including any reliance on the accuracy, completeness or usefulness of such Member Content. All Member Content posted to the website is the sole responsibility of the person who originally posted the Member Content, and your sole recourse for any damage you may suffer as a result of Member Content shall be to such individual.

Jspace does not claim any ownership rights in Member Content. By submitting Member Content, you are representing that you are the creator of the material you submit or have authorization to distribute it. After posting Member Content, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By sending Member Content to Jspace or posting it on the website, you expressly grant Jspace a worldwide, royalty-free and non-exclusive license to publicly display, use, reproduce, modify, create derivative works from and distribute the Member Content in any form, solely in connection with the Jspace website or other affiliated or related Jspace ventures. This license is sublicensable (so that Jspace is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Jspace website and any other Jspace services), and transferable (in connection with a merger, acquisition, corporate reorganization of Jspace, or sale of all or substantially all of Jspace’s assets). This license will continue perpetually unless and until you remove your Member Content from the Jspace website. If you choose to remove your Member Content, the license granted here will automatically expire; however, you acknowledge that Jspace may retain archived copies of your Member Content. In addition, nothing is deemed to prevent Jspace from posting or otherwise using or continuing to use at any time any non-copyrightable material that may have been included in Member Content.

If you choose to post Member Content on Jspace Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior and that your use of Jspace reflects your respect for the legal rights of Registered Members connected with Jspace. In particular, you agree to the “Rules of Conduct” posted below (though this is not meant as an exhaustive list). You also agree that, if you post Member Content containing adult or sexually explicit material, you will mark the Member Content as such; we suggest that you preface your posting with the following legend: “Warning: adult or sexually explicit material follows.”

You acknowledge that Jspace may or may not pre-screen or monitor Member Content (for instance, to determine if it was created by the Member posting it or if it is posted without authorization), but that Jspace and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, monitor, move or remove any Member Content from the website, with or without notice.

Rules of Conduct

The following rules of conduct apply to your use of the website and to any and all Member Content you post on Jspace, including, without limitation, text, data, graphics, audio or video content, music, sound, chat, messages, files or other material, and whether the Member Content is included in blogs, private messages, emails, profiles, comments or any other portion or feature of Jspace.

You may not, in connection with the website:

• Upload, post, email or otherwise transmit any Member Content that
  • is libelous or defamatory, pornographic, sexually explicit, unlawful, plagiarized, or which is hateful or derisive to any culture, religion or nationality;
  • infringes or violates any patent, copyright (including by plagiarizing), trademark, trade secret or other property right;
  • breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • a reasonable person would consider a breach of confidentiality or privacy (such as by posting in a public forum something that was written in a private message or letter);
  • a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
  • constitutes a breach of any person’s privacy or publicity rights (such as by posting a photograph, video, or contact information of another person without their consent);
  • constitutes a misrepresentation of facts or hate speech;
  • violates or encourages others to violate any applicable law, statute, ordinance or regulation;
  • promotes software or services that deliver unsolicited email or spam;
  • contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines;
• Harm minors in any way;
• Solicit personal information from anyone under 18;
• Use or create inappropriate screen names;
• Provide false or deceptive information (including impersonating another person or entity);
• Do anything to prevent the full and complete display of advertisements on Jspace pages. These include, but are not limited to, making blog style changes, customizations or overrides that effectively block or substantially impair the display of advertisements on pages within the website;
• Exceed the scope of the services that you have signed up for; for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing other people’s entries or other Member Content when you have not been granted the privileges to do so; or
• Allow usage by others in such a way as to violate Jspace’s TOU.

You may not, except with Jspace’s express advance authorization or in a specially designated area (e.g., account settings), use the website to:

• upload, post, email or otherwise transmit any Member Content that provides any telephone numbers, street addresses, last names, URLs or email address;
• engage in commercial activities within Jspace (such as by advertising or selling products or services or inducing any user of the website to enroll in a promotional or money-making enterprise); or
• solicit donations for any purpose.

Although Jspace provides rules of conduct for Registered Members and users of the website, Jspace does not control and is not responsible for Registered Members’ and users’ activities regarding the website. Jspace assumes no responsibility for monitoring Member Content or conduct that may violate these TOU, including these Rules of Conduct. With regard to any third party rights, Jspace relies on Registered Members’ and other users’ representations that they are either the creator of Member Content or have authorization to distribute it. If at any time Jspace chooses, in its sole discretion, to monitor or investigate any Member Content or conduct, Jspace nonetheless assumes no responsibility for such Member Content or conduct, and no obligation to modify or remove any Member Content or take action with regard to such Registered Member or user.

Copyright Infringement

Jspace respects the intellectual property of others, and we ask our Registered Members to do the same. Thus, in your use of and interactions with Jspace and the website, you may not post, modify, distribute or reproduce in any way any Member Content that is copyrighted material belonging to others, without obtaining their prior written consent. Jspace reserves the right, in its discretion, to remove any Member Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of Members who we believe to be infringers.

If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512----000-.html.

Jspace’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By email:

www.Jspace.com/help/contactus/

By mail:

Jspace, LLC Attention: Copyright Agent 3047 N. Lincoln Ave, Suite 360 Chicago, IL 60657

We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.

Disputes

You are solely responsible for your interactions with other Registered Members or users of the website. Jspace reserves the right, but has no obligation, to monitor or take action regarding disputes between these parties. If there is any dispute or potential dispute as to whether Member Content was posted without necessary authorization or in violation of any third party’s rights, then Jspace shall have the right, but is not obligated, to investigate the matter in any way it deems appropriate in its sole discretion. In addition, Jspace may in its sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the website, and removing any Member Content. You agree to abide by and cooperate with the resolution of any dispute as determined by Jspace. If you have a dispute with another Registered Member or other user of the website, you hereby release Jspace and its members, subsidiaries, affiliates, officers, agents, employees, partners, successors, assigns, joint venturers, and licensors from any claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any connected with such dispute.

Indemnity

You agree to indemnify and hold Jspace and its members, subsidiaries, affiliates, officers, agents, employees, partners, successors, assigns, joint venturers, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member Content you submit, post, transmit or otherwise make available through the website, your use of the website or other Jspace services, your connection to the website, your violation of these TOU, or your violation of any rights of another.

General Practices Regarding Use and Storage

Jspace may establish general practices and limits concerning use of the website, including, for example, limits on the number of:

• days that blogs, message board postings or other uploaded content and Member Content will be retained
• files (including graphics, photographs, videos or sound/music files) that may be posted
• disk space that will be allotted on Jspace’s servers on your behalf, and
• times you may access the website in a given period of time (and the maximum duration of your visits to the website).

You agree that Jspace has no responsibility or liability for the deletion or failure to store any messages and other communications or other Member Content, provided by you or otherwise, maintained or transmitted by Jspace.

Modifications to the website

Jspace reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. Jspace shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

Termination

Jspace may, under any circumstances, in its sole discretion and without prior notice, terminate your Jspace membership account so that you are no longer a Registered Member of Jspace and no longer have access to the website and/or any other Jspace services. There need not be cause for such termination. However, some reasons Jspace might terminate your Jspace membership may include, without limitation: (a) breaches or violations of these TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account cancellations); (d) discontinuance or material modification to the website (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the website or any other Jspace products or services. Termination of your Jspace account shall result in: (i) restriction of access to the website or any other Jspace services; (ii) removal of your profile and Member Content associated with or inside your account (or any part thereof); and (iii) barring of further use of the website as a Registered Member. Further, you agree that all terminations shall be made in Jspace’s sole discretion and that Jspace shall not be liable to you or any third party for any termination of your account or access to the website.

Disclaimer of Warranties

You expressly understand and agree that:

Your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis. Jspace and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim 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.

Jspace and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (1) the website or any other Jspace services will meet your requirements; (2) the website will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from the use of the website will be accurate or reliable; (4) the quality of any products, services, information or other material purchased or obtained by you through Jspace will meet your expectations; and (5) any errors in the software will be corrected. Any material downloaded or otherwise obtained through the use of the website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from Jspace or through or from the website shall create any warranty not expressly stated in these TOU.

Limitation of Liability

You expressly understand and agree that Jspace and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Jspace has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the website; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the website; or (5) any other matter relating to the website or Jspace.

WE DO NOT CONDUCT BACKGROUND CHECKS ON POTENTIAL REGISTERED MEMBERS OF JSPACE. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, INCLUDING BY NOT LIMITED TO PHYSICAL DAMAGES, MONETARY DAMAGES, BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF THE USE OF JSPACE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF YOUR COMMUNICATIONS WITH AND/OR INTERACTIONS WITH ANY USER OR ORGANIZATION, OR ANY INDIVIDUAL OR GROUP YOU MEET VIA JSPACE.

Exclusions and Limitations

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 of liability may not apply to you.

Violations of These Terms of Use

Please report any violations of these TOU, including objectionable Member Content or behavior, by visiting www.Jspace.com/help/contactus/. Please state the reasons for your concern and provide a link to the Member Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Jspace in its sole discretion may investigate the matter and take such action as Jspace determines to be appropriate.

No Waiver

Jspace’s failure to exercise or enforce any right or provision of these TOU shall not operate as a waiver of such right or provision. This means that Jspace may at any time choose to take an action that it is permitted or legally entitled to take, even if Jspace has not taken such an action in the past, in the same or a similar situation.