This web site (“Photobug”) is owned and operated by JBW Media, Inc. Photobug and its contents may only be accessed for personal use. No material from JBW Media, Inc. or any web site owned, operated, licensed or controlled by JBW Media, Inc. may be used for any commercial or resale purposes. Furthermore, no materials may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of JBW Media’s copyright and other proprietary rights.
For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to JBW Media, Inc. or other respective owners that have granted JBW Media, Inc. the right and license to use such Marks. Any use of content or descriptions; any derivative use of Photobug or its contents; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of Photobug or any content contained therein.
While JBW Media, Inc. uses reasonable efforts to include accurate and up-to-date information on Photobug, JBW Media, Inc. makes no warranties or representations as to its accuracy. JBW Media Inc. assumes no liability or responsibility for any errors or representations in the content of Photobug.
Photobug may contain links to other sites on the Internet that are owned and operated by Third Party Vendors and other third parties (the “External Sites”). One External Site that provides training/courses with which you may link is CourseCraft (https://coursecraft.net/), and you shall be responsible for any obligations pursuant to the terms and conditions of CourseCraft. You acknowledge that JBW Media Inc. is not responsible for the availability of, or the content located on or through, any External Sites. You should contact the Photobug administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Users of Photobug may post comments, reviews, and other content and submit suggestions, ideas, or other information, provided the content does not contain any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful content or content which is racially, ethnically or otherwise objectionable, or content which infringes upon the rights of any third party. The user agrees not to impersonate any person and/or other entity or communicate under a false name or a name the user is not entitled or authorized to use. JBW Media, Inc. has the right (but not the obligation) to remove, prohibit, edit or discontinue any content on Photobug, including content that has been posted by users.
If you post content or submit material you grant JBW Media, Inc. and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, right and license to make, use, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material in connection with Photobug, provided JBW Media, Inc. shall not sublicense or sell any of the foregoing rights to any third party, except as part of a sell of JBW Media, Inc. or Photobug. Furthermore, you grant JBW Media, Inc., its affiliates, and sublicensees the right to use your name and/or user name in connection with the content. You represent and warrant that all content and materials you provide shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party. You will defend and indemnify JBW Media, Inc. and its affiliates from any claims resulting from any content or materials you provide hereunder. In addition, JBW Media, Inc. may also aggregate any information that you provide to JBW Media, Inc. and any additional information that can be obtained or determined from such information for any legally permissible purposes.
Photobug contains areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. JBW Media, Inc. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
You shall not transmit to JBW Media, Inc. or upload to Photobug any Harmful Code or use or misappropriate the data on Photobug for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
Password. You may not use your password for any unauthorized purpose.
Termination. We may terminate your access to Photobug for any reason.
U.S. Government Users Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of JBW Media’s proprietary rights in them. Photobug pages may contain other proprietary notices and copyright information that should be observed.
THE MATERIALS ON PHOTOBUG ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. JBW MEDIA INC. SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT OR MATERIALS POSTED ON PHOTOBUG. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, JBW MEDIA INC. DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JBW MEDIA INC. OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON PHOTOBUG, EVEN IF JBW MEDIA INC. OR A JBW MEDIA INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM PHOTOBUG RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Release. YOU HEREBY REMISE, RELEASE, ACQUIT AND FOREVER DISCHARGE JBW MEDIA INC. ANY EMPLOYEES OR OFFICERS OF JBW MEDIA INC., AND ANY INDIVIDUALS ASSOCIATED WITH JBW MEDIA INC. OR PHOTOBUG (“RELEASED PARTIES”) OF AND FROM ANY AND ALL LIABILITIES, CLAIMS, REMEDIES, DEMANDS, SUITS OR CAUSES OF ACTION OF WHATSOEVER KIND OR CHARACTER, IN WHOLE OR IN PART, WHETHER CHOATE OR INCHOATE, WHICH YOU MAY EVER HAVE AGAINST THE RELEASED PARTIES THAT IN ANY WAY DIRECTLY OR INDIRECTLY RELATE TO, RESULT FROM, ARE BASED UPON, OR ARISE OUT OF PHOTOBUG.
YOU FURTHER AGREE TO DEFEND, INDEMNIFY, SAVE, AND HOLD THE RELEASED PARTIES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LIABILITIES, LAWSUITS, LITIGATION, ATTORNEYS FEES, EXPENSES, OR ARBITRATIONS ARISING OUT OF ANY YOUR ACTIONS, EITHER INTENTIONALLY OR NEGLIGENTLY, DURING THE USE OF PHOTOBUG.
YOU further acknowledge and agree that any OF YOUR ACTIVITIES relating to Photobug shall be purely voluntary and conducted at YOUR own choice. YOU hereby assume all risks associated with the use of Photobug, including all risks of personal injury or property damage.
Arbitration. All disputes, controversies and claims from or relating to these Terms and Conditions, including any subsequent updates, shall be submitted to arbitration before the American Arbitration Association (“AAA”) in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Austin, Texas and the proceedings shall be English. The arbitrator may award any form of individual or equitable and injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. The parties may also plead to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim relief, without breach of this paragraph and without reducing the scope of the powers of the arbitrator. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. By agreeing to this provision, you waive your right to bring, join, or participate in a class action lawsuit related to these Terms and Conditions; however, you do not waive your rights or remedies to pursue an individual claim in binding arbitration. The preceding provision is an independent covenant, which you may opt out of by providing written notice of your decision within thirty (30) days of the date that you first use Photobug.