Terms And Conditions Of Use
Last Updated: May 10th, 2010
Please read these terms and conditions of use carefully. By accessing or using this web site, you agree to be bound by the terms and conditions described herein and by all terms, policies and guidelines incorporated by reference. If you do not agree to all of these terms, do not use this web site.
The following Terms and Conditions are between YOU (also referred to in this document as the “user,” “visitor,” or “member”) and “MJ Photos Collectors” (MJPhotosCollectors.com), hereafter “MJPC”. These terms and conditions of use ("Site Terms") apply to your use of this web site (“MJPhotosCollectors.com” or “the web site”), and do not alter in any way the terms or conditions of any other agreement you may have with MJPC, its subsidiaries or affiliates. By using this site, you represent and warrant that you are lawfully able to accept these Site Terms.
Use of MJPC: You are specifically prohibited from: (a) using any data mining, robots or similar data gathering or extraction methods; (b) manipulating or otherwise displaying MJPC by using framing or similar navigational technology; © registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any MJPC product or service if you are not expressly authorized by such party to do so; and (d) using MJPC other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
Third-Party Information: MJPC may provide links to third-party web sites. Access to such web sites and the information contained therein is provided as a service to those interested in the information. MJPC neither regularly monitors nor has control over the content of third parties' statements or web sites. MJPC makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party web sites or other third-party information that is identified on MJPC.
When you leave MJPC, you should be aware that our terms and policies no longer govern. The inclusion of any third party link on MJPC does not imply affiliation, endorsement or adoption by MJPC of any site or any information contained therein. Users visit these web sites and use the information contained therein at their own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from MJPC. Your participation, correspondence or dealings with any third party found on or through MJPC, are solely between you and such third party. You agree that MJPC shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
General Use Of Interactive Areas: MJPC includes several interactive areas including discussion forums, blogs, Gallery comments, and chat rooms in which you or third parties create, post or store content, messages, comments, materials or other items on MJPC. You are solely responsible for your use of such areas and use them at your own risk. By participation in these interactive areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through MJPC any of the following:
a. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
g. Viruses, corrupted data or other harmful, disruptive or destructive files; and
h. User Content that, in the sole judgment of MJPC, is objectionable or which restricts or inhibits any other person from using or enjoying MJPC, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose MJPC or its users to any harm or liability of any type.
The information provided on MJPC is presented as and is intended for educational purposes and general knowledge for our visitors. The content on MJPC does not reflect the views of our owners or staff, and can be false, inaccurate, wrong or doubtful. Posts reflect the views of their author only. As a provider of interactive services, MJPC is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although MJPC has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, MJPC reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on MJPC at any time and for any reason without notice.
In accessing this web site and the Internet generally, you assume all responsibility and risk for use. Users are responsible for implementing sufficient procedures to protect themselves and their own computer systems. You are solely responsible for creating backup copies of and replacing any User Content you post or store on MJPC at your sole cost and expense. Any use of the Interactive Areas or other portions of MJPC in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or MJPC. You acknowledge and agree that MJPC may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of MJPC; or to protect the safety of our company, employees, customers or the public.
If you post User Content to MJPC, unless we indicate otherwise, you grant MJPC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to MJPC; (b) the User Content is accurate and not misleading; and © use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity.
Further, you agree not to delete or revise any User Content posted by any third party. MJPC takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is MJPC liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. For more details on specific posting guidelines and restrictions for posting to our web site, please read our MJPC Forum Rules & Conduct.
Legal Disclaimer: This web site is provided “as is” and MJPC makes no representations or warranties, expressed or implied, in relation to this web site or the accuracy or reliability of information and materials provided therein. Use of this web site is entirely at the visitor’s own risk.
MJPC makes no guarantee of availability, continuity or quality of its service and reserves the right to change, withdraw, suspend, or discontinue our web site or any of its functions at any time without notice.
In no event will MJPC be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use or access our site or its services. MJPC will not be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided.
This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record. We make no warranty that this site is free from infection by viruses or anything else that has contaminating or destructive properties.
Indemnification: You agree to defend, indemnify and hold harmless MJPC, its affiliates, third party information providers, independent contractors, administrators, moderators, and other staff against any loss, claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any content that you post, store or otherwise transmit on or through MJPC, your conduct, your use or inability to use MJPC, your breach or alleged breach of MJPC’s Site Terms or of any representation or warranty contained herein, your unauthorized use of the MJPC, or your violation of any rights of another.
This indemnification includes any issue arising from or related to the content, use, or deletion of files, content, messages or use of any other feature or service in this site. This expressly includes user's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights, and any defamatory or unlawful material contained within user's messages, private messages, emails, attachments, images and files.
Limitation of Liability: In no event shall MJPC, its creators, administrators, contractors, or developers be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the site, the services, the content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from MJPC, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to MJPC's records, programs or services. In no event shall the aggregate liability of MJPC, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to MJPC for access to or use of the site.
You accept that, as a limited liability entity, MJPC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against MJPC’s officers or employees in respect of any losses you suffer in connection with the web site. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this web site disclaimer will protect MJPC officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
Applicable Law and Venue: Any dispute relating in any way to your use of MJPC shall be submitted to confidential arbitration to the extent you have in any manner violated or threatened to violate MJPC's intellectual property rights. MJPC may seek injunctive or other appropriate relief in any state or federal court in the State of Vermont, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to MJPC’s Terms, whether through class arbitration proceedings or otherwise.
Termination: Notwithstanding any of these Site Terms, MJPC reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of MJPC.
Miscellaneous Provisions: Any waiver of any provision of these Site Terms will be effective only if in writing and signed by MJPC. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
General Disclaimer: MJPC is in NO WAY officially recognized or endorsed by Michael Jackson’s estate, family, or any affiliated company. Use of logos and images on this site do not imply such an endorsement.
Changes To These Site Terms: MJPC reserves the right to change any of the terms and conditions contained herein or any policy or guideline of MJPC, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of MJPC Terms. Any changes will be effective immediately upon posting on MJPC. Your continued use of MJPC following the posting of changes will constitute your acceptance of such changes. We encourage you to review MJPC’s Terms & Conditions whenever you visit our web site.
Questions and Contact Information: Questions or comments about MJPC or these Site Terms may be directed to MJPC at firstname.lastname@example.org.
© 2010 MJPhotosCollectors.com All rights reserved. Terms and Conditions of Use.
Last Updated: May 10th, 2010
Collection of Your Personal Information: When you visit this site, certain kinds of information, such as the web site that referred you to us, your IP address, browser type and language, and access times, may be collected automatically as part of the site’s operation. We also may collect navigational information, including information about the pages you view, the links you click, and other actions taken in connection with the site. MJPC may use your personal information to administer our web site and personalize it for you. MJPC may also collect and use information that you provide using for the purpose of registering with our site, transactions carried out over our site, and any information that you provide for the purpose of subscribing to services such as VIP Memberships, newsletters, etc.
In order to properly administer our web site, certain MJPC staff members will have access to information we collect from our members. In certain cases, MJPC may disclose or give access to personal information to its agents or sub-contractors. For these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
We also may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data or email storage, to host our web site, to process credit cards, and so on. Those companies will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
We also use personal information to communicate with our members. For example, we may send you email communications such as welcome letters, updates of new features on our site, renewal reminders, purchase confirmations, and so on. MJPC Members always have the option of changing how we communicate with them by updating settings in their profile. MJPC’s member profiles are displayed publicly. Please do not post private or confidential information in your profile. Members can adjust their own privacy settings (for example, choosing not to publicly display their email address) via their profile.
MJPC also reserves right to share personal information to a complainer if any of our site visitors or members stalks or disturbs this user in an unacceptable manner and we confirm this with internal records.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere in this policy, MJPC may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights and the property or safety of our company, staff, or members.
You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use other interactive features of our site and services that depend on cookies.
Security of Your Personal Information: The security of your personal information is important to us. We follow generally accepted industry standards to help protect your personal information. MJPC takes reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. MJPC will store all the personal information you provide on its secure servers. Information relating to electronic transactions entered into via this web site will be protected by encryption technology. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security. If a password is used to protect your account and personal information, it is your responsibility to keep your password confidential.
Most of the information in this web site is kept in a database which contains posts, registration info, survey/poll results, private messages, logged IPs, and so on. All this information contained within the database belongs to MJPC and it can be accessible by our administrators whenever it is required. Even the private messages which are saved in the database are accessible by site administration if needed, so members are warned and asked not to share very private or personal information in the private messages which shouldn't be read by a third person.
Forums & Other Interactive Services: Our site includes discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, materials or other items on the sites (“Interactive Areas”). If you use an Interactive Area, you should be aware that these areas are open to the public and any personal information you post or provide on our web site will be published on the internet and will be available around the world. Most of the site content (including many posts in the forums, user profiles etc.) are open to page visitors including search engines. We have no control over search engine results when such information is submitted to the site by our members.
MJPC is not responsible for personal information you submit in connection with the Interactive Areas, nor are we responsible for how others might use that information, including to send you unsolicited messages. Interactive Area postings may be retained indefinitely. If at any time you would like to remove a posting, please contact one of our Forum Moderators or email us at email@example.com. Keep in mind that removal of a posting from an Interactive Area does not mean that the posting will be deleted from our systems.
Third Party Links: We may link to web sites, including those of our third-party content providers, that have different privacy policies and practices from those disclosed here. We assume no responsibility for the policies or practices of such linked sites, and encourage you to become acquainted with them prior to use.
Registration Data and Account Security: In consideration of your use of MJPC, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on MJPC ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to keep it accurate, current and complete; © maintain the security of your password and identification; (d) notify MJPC immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to MJPC.
Copyrights & DMCA Policy
Last Updated: May 10th, 2010
Ownership Of MJPC And Its Contents: This Site is owned by MJPhotosCollectors.com (“MJPC”). Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, images, sound, illustrations, software, and the selection and arrangement thereof ("MJPC Content"), is owned by MJPC.
All rights of this web site are reserved. This includes the rights to its name, domain name, trademark, concept, format, content, style, skin, code, database and every other element in this web site. No part of this web site, its “look and feel”, page headers, content, name, applications, documents, programs, texts, custom design elements and graphics, button icons, images, posts, format, or service mark, trademark, or trade dress can be copied, shared, moved, published or used without prior and explicit consent of MJPC, or the applicable trademark holder.
Reference to any third party products, services, or web sites by trade name, trademark, manufacturer, supplier or otherwise are the property of their respective owners and do not constitute or imply endorsement by MJPC, nor sponsorship or recommendation thereof by us.
You may not use a MJPC logo or other proprietary graphic of MJPC to link to this Site without the express written permission of MJPC. Further, you may not frame any MJPC trademark, logo or other proprietary information, without MJPC's express written consent. You may not remove or cover any watermark contained on electronic photographs contained in our Photo Galleries and publicly circulate them in this manner. Such conduct will result in immediate and permanent suspension of your membership, and potential legal action.
All elements of MJPC, including the MJPC Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. MJPC takes the protection of its copyright very seriously. If MJPC discovers that you have used its copyrighted materials, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display on our site or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that MJPC may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of MJPC violates our site terms or illegally contains copyrighted material.
Digital Millennium Copyright Policy: MJPC is in compliance with 17 U.S.C. § 512 and the Digital Millennium Copyright Act ("DMCA"). It is our policy to respond to any infringement notices and take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
If your copyrighted material has been posted on MJPC or if hyperlinks to your copyrighted material are returned through our search engine and you want this material removed, you must provide a written communication that details the information listed in the following section. Please be aware that you will be liable for damages (including costs and attorneys' fees) if you misrepresent information listed on our site that is infringing on your copyrights. We suggest that you first contact an attorney for legal assistance on this matter.
The following elements must be included in your copyright infringement claim:
a) Provide evidence of the authorized person to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) Provide sufficient contact information so that we may contact you. You must also include a valid email address.
c) You must identify in sufficient detail the copyrighted work claimed to have been infringed and a statement that the complaining party has 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.
d) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
e) Must be signed by the authorized person to act on behalf of the owner of an exclusive right that is allegedly being infringed.
Please send the infringement notice via email to firstname.lastname@example.org. Failure to provide adequate proof with the above supporting evidence may result in delay or denial of compliance. However, if we determine the claim of infringement to be legitimate, we will act accordingly and remove the specific content from our site.
Copyright License: MJPC grants to you a worldwide non-exclusive royalty-free revocable license to:
view this web site and the material on this web site on a computer or mobile device via a web browser; copy and store this web site and the material on this web site in your web browser cache memory; and print pages from this web site for your own personal (non-commercial) use. MJPC does not grant you any other rights in relation to this web site or the material on this web site. In other words, all other rights are reserved.
Contact: You may request permission to use the copyright materials on MJPC via email to email@example.com.
© 2010 MJPhotosCollectors.com All rights reserved. Copyright & DMCA Policy.