Before you enter the Jonas Brown site (the "Site"), or use any Jonas Brown products or services, it is important that you carefully review the Terms and Conditions of usage set forth below. The Terms and Conditions may be updated or changed from time to time and you should check this page periodically.
By entering and using the Site, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and Jonas Brown that you will comply with the Terms and Conditions and use the Site only in a manner that is consistent with these Terms and Conditions. Your use of the Site is conditioned on these Terms and Conditions and your compliance with them. If you do not agree to the Terms and Conditions, you may not access the Site or use any of its products or services.
1. What Can I Do With Materials Provided By Jonas Brown?
All of the material on the Jonas Brown Site is protected by the copyright
laws of the United States and other countries. You are only allowed to
use these materials in accordance with applicable law and these Terms and
Conditions. Any other use is prohibited. As a Jonas Brown user, you may
display Jonas Brown images on your computer using the Jonas Brown Desktop,
send the images as Photo Messages and Ecards, and view them on mobile devices
and/or on the Jonas Brown CD ROM. Exporting the Jonas Brown images into
any other software product is expressly prohibited. No other distribution
of the Jonas Brown images is authorized. YOU MAY NOT copy, reproduce, retransmit,
distribute, publish, commercially exploit or otherwise transfer any copyrighted
material in any format, electronic or otherwise, except as allowed by the
Jonas Brown Photo Messages service. YOU MAY NOT use the photos for personal
websites, books, magazines, greeting cards, PowerPoint presentations, or
calendars. You may make prints and photo gifts of Jonas Brown photos through
the Jonas Brown store. Failure to adhere to copyright laws may result in
legal action taken by the copyright holder.
You agree to use the Jonas Brown Site only for its intended, lawful purposes and in accordance with all applicable law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Site. You further agree that you will not access this site by any means except through the interface provided by Jonas Brown and that you will not access this Site from any territory where its contents are illegal.
2. Who Can Be a Jonas Brown Member?
Jonas Brown membership is available to anyone 13 years of age or older who
truthfully and accurately registers all required information (including
a legitimate email address) and obtains a unique Jonas Brown Username and
Password. Persons under the age of 13 cannot become a member unless they
provide Jonas Brown with evidence satisfactory to Jonas Brown of their
parent's or guardian's express consent to obtain Jonas Brown membership.
You are responsible for maintaining the confidentiality of your account
and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account
or password.
3. Can I Have More Than One Membership?
Each member is allowed to have only one Jonas Brown membership and the privileges
associated with membership. Jonas Brown allows only one member per registered
legitimate email address. Membership is for personal use only and is non-transferable.
4. What Happens if I Violate These Terms and Conditions?
Jonas Brown reserves the right to terminate any Membership at any time, for
any reason or no reason, with or without notice. In addition, members who
violate these Terms and Conditions may have their membership terminated,
services cancelled, and their pages and materials, or portions thereof,
suspended, deleted or removed without warning. Jonas Brown will not return
removed materials to a member. Jonas Brown is not responsible for any loss
of data resulting from termination of membership or removal of member material.
5. What Content or Materials Are Not Allowed on The Jonas Brown Site?
Jonas Brown' goal is to promote the free-flowing exchange of expression relating
to members' interests, activities and hobbies while maintaining high standards
of respect and decency as well as for the protection of minors. While Jonas
Brown makes all reasonable attempts to remove objectionable materials,
Jonas Brown is not responsible for policing the entire Site. Accordingly,
no Jonas Brown member or other user of the Site may process, digitize,
post, upload, store, share, post or submit a hyperlink to, or otherwise
display on the Jonas Brown Site any of the following:
A. Content or material that we believe is pornographic, obscene, or of an 'adult' or sexual nature.
B. Content or material involving nudity, including nudity of children of any age.
C. Content or material that we believe is grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity.
D. Content or material that exploits children under the age of 18 or posts or discloses any personally identifying information about children under the age of 18.
E. Content or material promoting or providing instructional information about illegal activities, promoting harm or injury to any group, individual or cruelty to animals including, but not limited to:
(i) Instructions on how to assemble or use bombs, grenades or other weapons; and
(ii) Disseminating personal information about another individual for malevolent purposes, including libel, slander, defamation or violation of an individual's right to privacy.
F. Copyrighted content or material that is used without the express permission of the owner. Photographs and other images published in books, magazines, posters, calendars, websites and other media are generally protected by copyright law. Uploading these images to the Jonas Brown Community without the owner's permission may constitute copyright infringement and may result in termination of your Jonas Brown membership.
G. Content or material that infringes or encroaches on the rights of others, including, but not limited to, infringement of intellectual property rights as well as privacy and publicity rights and harm to reputation.
Jonas Brown may examine any materials submitted to the Site at any time in its sole discretion. You acknowledge that although Jonas Brown does not and cannot examine all content and material submitted or transmitted to the Site, Jonas Brown has the absolute right (but not the obligation) to delete, move and edit content and material for any reason or no reason, at any time, with or without notice.
You understand that all photographs, text, graphics, messages, content and other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such materials originated. This means that you, and not Jonas Brown, are entirely responsible for all materials that you upload, post, email, transmit or otherwise make available via the Site. Jonas Brown does not control the materials posted via the Site and does not guarantee the accuracy, integrity or quality of these materials. You understand that by using the Site, you may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Jonas Brown be liable in any way for any materials on the Site, including, but not limited to, for any errors or omissions in any materials, or for any loss or damage of any kind incurred as a result of the use of any materials posted, emailed, transmitted or otherwise made available via the Site.
6. How Do the Copyright Laws Apply to Materials I Submit to Jonas Brown?
When you become a Jonas Brown member, you become a participant in the Jonas
Brown Community. If your photos are in public albums (instead of private)
your photos may be visible to others in the Jonas Brown Community and we
may incorporate them in directories, search results or in any other places
on the Jonas Brown site.
As a condition of membership, you hereby grant Jonas Brown a perpetual, universal, nonexclusive right to copy, display, modify, alter, transmit and distribute any materials stored by you in public albums or otherwise provided by you to the Jonas Brown Community. You represent and guarantee to Jonas Brown, as a condition of membership, that you are the legal owner of the copyright to all materials you submit to Jonas Brown or that you have permission from the copyright owner to submit the materials to Jonas Brown.
7. What Do I Do If I Think There May Be a Copyright Infringement?
If you believe that your material or the material of another has been wrongfully
copied or stolen, please provide the Jonas Brown Copyright Agent with the
following:
A. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located on the site;
D. your address, telephone number, and email address;
E. 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;
F. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. The Jonas Brown Copyright Agent may be reached by email at copyright@Jonas Brown.com.
8. How Are Copyright Infringement Claims Handled?
Upon proper notice of a potential copyright infringement, Jonas Brown will
remove or disable access to the material in question and take reasonable
steps to promptly notify the member responsible for the material of the
removal or disabling. If Jonas Brown has removed or disabled access to
materials you posted on the Jonas Brown Site because of a complaint that
the posting infringed someone else's copyright, and you disagree and want
to have the materials returned to your album, please provide the Jonas
Brown Copyright Agent with the following:
A. your physical or electronic signature;
B. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
C. a statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
D. your name, address, and telephone number;
E. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Jonas Brown may be found, and that you will accept service of process from the person who provided notification under Section 7 above or an agent of such person.
If any copyright, trademark, patent, publicity rights, or other infringement comes to the attention of Jonas Brown, Jonas Brown reserves the right to delete all infringing files and terminate the user's membership without receiving a complaint from the person whose rights have been infringed.
9. What Happens if My Postings Are Repeatedly Challenged as Copyright Infringements?
If your postings are repeatedly challenged as copyright infringements, Jonas
Brown reserves the right to terminate your membership.
10. Is Information I Submit to Jonas Brown Kept Private?
Jonas Brown does not sell or rent your personal information to third parties.
Jonas Brown may use aggregated member information that does not identify
any individual member. Jonas Brown makes every effort to maintain the security
of the storage of private information, but you acknowledge that the exchange
between Jonas Brown members and others of information such as passwords
or electronic mail may not be secure. Jonas Brown encourages members to
change their passwords frequently. Postings and other communications on
the Jonas Brown Site are not private. For additional information, please
read our "Privacy Statement" which can be accessed from the "Privacy" link
at the bottom of all Jonas Brown pages.
11. Will I Receive Email From Jonas Brown as a Result of My Membership?
Jonas Brown does not send unsolicited email. With the exception of confirmation
emails, (which are triggered by an action on your part and contain necessary
information), only those users who have opted in to receive newsletters
or announcements will receive email from us. All Jonas Brown electronic
newsletters and announcements will contain information on how to unsubscribe
from that email list. In the event that you receive an email that you think
is unsolicited, please follow the instructions contained in the email for
letting us know and Jonas Brown will make every effort to have your email
address removed from future mailings. You may also manage your email preferences
from your Jonas Brown account.
12. What If Materials I Submit To Jonas Brown or Use on The Site Are Lost
or Corrupted?
Jonas Brown urges all members to maintain backup versions of their Jonas
Brown pages and materials to guard against losses of any kind. Jonas Brown
is not responsible for any loss of data and/or files resulting from Jonas
Brown suspension or deletion of data and/or files, network or system outages,
file corruption or for any other reason. Jonas Brown is not required to return
any materials you submit to the Site.
13. You Agree To Indemnify Jonas Brown.
YOU AGREE TO INDEMNIFY AND HOLD Jonas Brown, ITS PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, AGENTS, CO-BRANDERS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES
HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING
REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE
TERMS AND CONDITIONS, YOUR USE OF THE Jonas Brown SITE AND SERVICES, AND
YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY, INCLUDING IN EACH CASE
THE CONDUCT OF ANOTHER ACCESSING THE Jonas Brown SITE OR SERVICES THROUGH
YOUR MEMBERSHIP.
14. Jonas Brown Makes No Warranties.
This site is provided on an "as is" and "as available" basis.
Jonas Brown EXPRESSLY DISCLAIMS ANY AND 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.
15. Limited Liability of Jonas Brown.
Jonas Brown AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES,
SUCCESSORS AND ASSIGNS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LAWS OF SOME STATES
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
16. Law Governing This Agreement.
This Agreement will be governed and construed in accordance with the laws
of the State of California, without regard to its conflict of laws provisions.
By using the Jonas Brown Site, you agree to personal jurisdiction of the
state and federal courts of the State of California. Regardless of any
statute or law to the contrary, any claim or cause of action arising out
of or related to these Terms of Use or the use of this website must be
filed within one (1) year after such claim or cause of action arose or
be forever barred.
17. Jonas Brown May Modify The Site and These Terms and Conditions At Any
Time.
You agree that Jonas Brown reserves the right to modify or amend the Site
and these Terms and Conditions at any time, for any reason, without notice,
including the right to terminate Jonas Brown services or any part of the
services.
18. This is The Entire Agreement Between You and Jonas Brown.
These Terms and Conditions are the entire agreement between you and Jonas
Brown and govern your use of the Jonas Brown Site and services. This agreement
supersedes any prior agreements between you and Jonas Brown. The failure
of Jonas Brown to enforce any right or provision of this agreement does
not constitute a waiver of the right or provision. If any portion of this
agreement is deemed to be invalid, the other portions of the agreement
will remain in full force and effect.
19. Dealings With Advertisers.
Your correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Site, including payment and delivery
of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you
and such advertiser. You agree that Jonas Brown shall not be responsible
or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers
on the Site.
20. Links
The Site may provide, or third parties may provide, links to other websites
or resources. Because Jonas Brown has no control over such sites and resources,
you acknowledge and agree that Jonas Brown is not responsible for the availability
of such external sites or resources, and does not endorse and is not responsible
or liable for any content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge and
agree that Jonas Brown shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such content, goods or services
available on or through any such site or resource.
21. Jonas Brown Copyright and Trademarks
All website design, text, photographs, graphics, sound, software and other
content, and the selection and arrangement thereof, are the property of
Jonas Brown or its licensors, and are protected by United States and international
copyright law. All rights to such materials are reserved to their respective
copyright owners. Any use of materials on this site other than as described
in these Terms and Conditions is strictly prohibited, including but not
limited to the distribution or modification of the materials, the use of
the materials on another website, the creation of derivative works, and
the use of the materials for any public or commercial purpose.
"Jonas Brown" and all related logos, page headers, custom graphics and icons are service marks and/or trademarks of Twofold Photos, Inc. or its licensors or affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners, and their presence on this site does not represent an endorsement of the site.