Ms. JD Terms of Use Agreement

Welcome to www.ms-jd.org (“Site”), which is owned and operated by Ms. JD. The following Terms of Use Agreement (“Agreement”) governs your access to and use of the Site. Please review the entire Agreement carefully.

1. General

   Ms. JD reserves the right to change the Agreement at any time at its sole discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site. You should check the Site from time to time to review the current Agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.

2. Privacy

   Your use of the Site will be governed by the Ms. JD Privacy Policy. By checking the box indicating you accept the terms of this Agreement, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

3. Applicable Laws

   You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from Ms. JD. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is for your personal and non-commercial use, and Ms. JD does not grant you any express or implied rights to access or use the Site for any other purpose.

4. No Legal or Professional Advice

   The information available on the Web site is intended to be a general information resource regarding the matters covered, but is not offered as legal, accounting, or other professional advice. Always seek the counsel of a lawyer or other professional regarding any legal issue or other matter for which you need advice.

5. Registration

   To submit comments to the Site, you need to register. When registering, you must fill in all mandatory fields with true, accurate, current, and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current, and complete. Ms. JD has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is untrue, inaccurate, not current, or incomplete.

6. Security

   You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify Ms. JD of any unauthorized use of your password or username or any other breach of security.

7. Storage

   You acknowledge that Ms. JD may establish general practices and limits concerning use of the Site, including, without limitation, the maximum number of days that message board postings or other uploaded content will be retained by the Site, the maximum number of postings or other content that may be uploaded to the Site, the maximum size of any postings or other content that may be uploaded, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Ms. JD has no responsibility or liability for the deletion or failure to store any postings or other content transmitted to the Site. You acknowledge that Ms. JD reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Ms. JD reserves the right to modify these general practices and limits from time-to-time.

8. Intellectual Property Rights

   The entire content included in the Site, including all User Submissions (defined below), including, without limitation, the text, design, graphics, interface, sounds, music, video, interactive features and the like, and the selection and arrangement thereof ("Content") and the trademarks, service marks, and logos contained therein ("Marks"), are owned by or licensed to Ms. JD and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
   All Content on the Site is provided to you AS IS for your information and personal use only. You may download, view, copy and print Content, subject to the following conditions:
   

   1. the Content may be used solely for personal, informational, or internal business purposes;
   2. any and all copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the bottom of the page;
   3. the Content may not be modified or altered in any way; and
   4. no graphics may be used separate from accompanying text.

   Except as provided above, you agree not to use, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, perform, publish, adapt, display, sell, license, or otherwise exploit any of the Content included in the Site in whole or in part for any other purposes whatsoever without the prior written consent of Ms. JD and/or the respective owners of such Content. Ms. JD reserves all rights not expressly granted in and to the Site and the Content.

9. User Submissions

   To the extent that you add, upload, transmit, post, communicate, or store any content ("User Submissions") on the Site or otherwise submit any content for use by Ms. JD, you are solely responsible for all of the information, statements, facts, and material contained in such User Submissions.
   In connection with any User Submission you may submit, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Site that:
   

   1. is copyrighted, unless you are the copyright owner;
   2. infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
   3. reveals a trade secret, unless you own it;
   4. contains falsehoods or misrepresentations that could damage Ms. JD (its successors and assigns) or any third party;
   5. is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, or embarrassing to any other person or entity as determined by Ms. JD in its sole discretion;
   6. is illegal or otherwise objectionable;
   7. constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes.

   Ms. JD does not claim ownership of your User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on the Site or by otherwise submitting such User Submissions for use by Ms. JD, you agree to and hereby grant Ms. JD, its successors and assigns, and the operators of the Site a worldwide, non-exclusive (you can grant these rights to someone else as well), royalty free, perpetual, irrevocable, transferable, and sub-licensable license to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, and display such User Submissions on or in connection with the Site and for such other purposes as Ms. JD (its successors and assigns) may deem consistent with its mission, in all media formats and in all media channels now known or later developed. You also agree to grant and hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and as otherwise expressly permitted under this Agreement, in particular Section 8 hereof. You understand that Ms. JD does not guarantee that it will publish or maintain your User Submissions on the Site. Ms. JD may remove User Submissions and/or terminate a user's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion. Moreover, Ms. JD does not guarantee any confidentiality with respect to any User Submissions that you add, upload, transmit, post, communicate or store on the Site or that Ms. JD otherwise may receive from you.

10. Copyright Infringement Notification

    If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may request that such material be removed from the Site by submitting a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To request removal of your copyrighted material, please send to our Copyright Agent, copyright@ms-jd.org, a written notice containing all of the following information:
    

    1. Your physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
    2. A description of the copyrighted work that you claim has been infringed;
    3. A description of where the materials that you claim is infringing is located on the Site;
    4. Your full name, address, telephone number, and email address;
    5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
    6. A statement by you, made under penalty of perjury, that the information you have provided in your Notice is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Also, note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

11. Counter-Notification

    If you believe that your User Submission has been erroneously removed because it was improperly identified as violating someone’s copyright, you may send us a counter notice to have your User Submission replaced. If you elect to send us a counter notice, please send to our Copyright Agent, president@ms-jd.org, a written notice containing all of the following information:
    

    1. Your physical or electronic signature.
    2. 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.
    3. A statement 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.
    4. Your name, address, and telephone number.
    5. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or, if you live outside of the United States, for the Northern District of California), and that you will accept service of process from the person who provided the notification of infringement.

    Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we terminate the registration of subscribers who are repeat infringers.

12. Prohibited Uses

    You agree not to:
    

    1. transmit, distribute, post, communicate or store information or other material on, to or through the that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
    2. delete or revise any material or other information of any other user or Ms. JD;
    3. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
    4. take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
    5. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
    6. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Ms. JD on the Site and other than generally available third-party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);
    7. attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site;
    8. solicit Site members and guests to join outside sites or online services or organizations; or
    9. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges.

    By using this Site, you understand and agree that Ms. JD may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that Ms. JD may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of Ms. JD or any third party.
    You further agree not to violate or attempt to violate the security of the Site, including, without limitation:
    

    1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
    2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
    3. attempting to interfere with service to any user, host, or network.

    Violations of system or network security may result in civil or criminal liability. In accordance with these Terms of Use, Ms. JD will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

13. Third-Party Content and Links to Third-Party Web Sites

    The Site may contain third-party owned content and links to other websites (“Linked Sites”). Ms. JD does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Ms. JD, and Ms. JD is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. Ms. JD is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by Ms. JD in favor of any third party.

14. Electronic Contract

    This Agreement is an electronic contract that governs your use of and access to the Site. By using the Site, you also consent to have the Agreement provided to you in electronic form and agree to receive information about your account electronically. You have the right at any time to withdraw your consent to have the Agreement provided to you in electronic form. Should you choose to withdraw your consent, you will no longer be enrolled in the Site and you will not be able to access password-protected areas of the Site. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of the Agreement, which we will send to you upon request.
    To withdraw your consent and/or request a non-electronic copy of the Agreement, please send an email to president@ms-jd.org. Your withdrawal of consent will be effective within a reasonable time after Ms. JD receives the notice described above, and it will not affect any action taken in reliance on your consent or the continuing enforceability of the Agreement.
    In order to access and retain the Agreement, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of the Agreement for your records. To retain an electronic copy of the Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access or retain the Agreement that create a material risk that you will not be able to continue to access or retain it.

15. Disclaimer of Warranties

    THE SITE IS PROVIDED “AS IS.” MS. JD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. MS. JD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MS. JD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY MS. JD, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY MS. JD OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
    MS. JD MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND MS. JD DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

16. Limitation of Liability

    IN NO EVENT WILL MS. JD OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE MS. JD FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
    These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Ms. JD has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Ms. JD’s liability in such jurisdictions shall be limited to the extent permitted by law.

17. Indemnification

    YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MS. JD AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE AGREEMENT.

18. Choice of Law and Forum

    The Agreement is subject to the laws of the State of California. If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be the Northern District of California.

19. Termination

    Ms. JD reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.

20. No Waiver

    The failure of Ms. JD to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.

21. Miscellaneous

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ms. JD as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Ms. JD and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Copyright © 2007 Ms. JD. All rights reserved.