DearJames

TERMS OF USE

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. Access to and use of this website (the “website”) is provided by DearJames LLC (“DearJames®”, “us” or “we”) subject to the following terms (this “Agreement”):

 

  1. Acceptance of Terms

By using this website, you agree to be legally bound by all of the terms of this Agreement. We reserve the right to change the terms of this Agreement or to change, modify or otherwise alter any features of this website at any time and for any purpose without notice. You should visit this page regularly and review this Agreement for the current terms of this Agreement, since your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes, modifications or alterations. Areas of this website within the proprietary online service offered by DearJames® may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Any such terms will not vary or replace the terms of this Agreement regarding any use of this website, unless otherwise expressly stated.

 

If you do not agree with our Terms of Use, your sole remedy is to discontinue your use of the DearJames® Web Site. The failure of DearJames®, its attorneys, principals or other authorized agents, to enforce these Terms of Use, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

 

  1. Representations

By using this website you represent and warrant that you have legal capacity to enter into this Agreement (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract). You represent that you have read and agree to abide by this Agreement, and that you have read our Privacy Policy. Additionally, by using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

By submitting User Content to an Interactive Area, you represent that you are thirteen (13) years of age or older and, if you are under the age of eighteen (18), you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on DearJames.com, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and DearJames®. DearJames.com is a general audience web site and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any User Content or Personal Information collected that we later determine to be from a user younger than the age of thirteen (13).

 

  1. Community Conduct



While using the DearJames® Web Site or DearJames® Site Contents, you are a part of the DearJames® community, and you agree that your use will respect the rights of other members of the community. In particular you agree not to: (1) restrict or inhibit any other user from using the DearJames® Web Site or DearJames® Site Content or from purchasing any products or services sold by DearJames® or through their affiliate relationships; (2) take any action intended to threaten, intimidate or harass any other user of the DearJames® Web Site, or which is abusive, illegal, hateful, sexually or racially or ethnically discriminatory, otherwise objectionable or harmful; (3) use the DearJames® Web Site to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in those specified ways that are designed for such a purpose; or (4) submit, publish, distribute, or transmit through the DearJames® Web Site or its e-mail links materials that do not meet the requirements of these Terms of Use; or (5 ) impersonate any person or entity or forge anyone else’s digital or manual signature or attempt to gain unauthorized access to DearJames® or any other person’s computers, software or data.

 

We reserve the right to prohibit use of the DearJames® Web Site or the purchase of products and services from DearJames® by any user who, in our sole discretion, violates these Terms of Use. Such a prohibition may occur without notice to the user. If you believe another user is violating these terms, you may notify DearJames®, and we will work in good faith to resolve any such issues. However, we have no obligation to monitor the DearJames® Web Site or DearJames® Site Content and are not responsible for the accuracy or reliability of any DearJames® Site Content or opinion, advice, or statement made on the web site, or for any defamatory, offensive, or illegal conduct by any user of the DearJames® Web Site.

 

  1. Registration & Subscriptions

(a) In accessing this website or certain of the resources on the website, you may be asked to provide registration details. It is a condition of use of this website that all the details you provide will be correct, current, and complete. If DearJames® believes the details are not correct, current, or complete, we have the right to refuse you access to the website or any of its resources.

 

(b) By subscribing to any DearJames.com subscription-based offerings and blogs, you accept all terms and conditions of use, limitations and requirements.

 

  1. Copyrights and Trademarks

(a) The DearJames® Web Site and DearJames® Site Content is the property of DearJames® and its licensors and is protected by United States and International Copyright laws. All copyright, trademark, and other proprietary rights in the DearJames® site and in the services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by DearJames® at the DearJames® Web Site are reserved to DearJames® and its licensors. Copyright is vested in DearJames LLC, DearJames.com as of 2011 into perpetuity and its licensors, successors and assigns. All rights are reserved.

 

(b) DearJames.com and all materials incorporated on this website (including, but not limited to text, photographs, graphics, video and audio content) are protected by copyrights, patents, trade secrets or other proprietary rights under laws of the United States and other countries. Some of the characters, logos or other images incorporated by DearJames® on this website are also protected as registered or unregistered trademarks, trade names and/or service marks owned by or licensed to DearJames®, including, without limitation, DearJames®, Wrap Yourself In Goodness®. The DearJames® Web Site and DearJames® Site Content (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of DearJames.com; the compilation, assembly and arrangement of the materials of DearJames.com; and all other materials related to DearJames® (collectively, the “Materials”) are owned, controlled or licensed by DearJames LLC, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by DearJames LLC, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for DearJames® and/or its members, subsidiaries, affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way the rights to exploit fully any or all of the Materials held by DearJames®. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of DearJames®’ rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.

 

(c) Any use of the “Link To DearJames®” linking feature may be used only as specifically described on the website. No banner or text link may be modified, and no Trademark contained therein may be copied, extracted or otherwise separately used. If you link to our web site, (i) you should not imply that we or any of our affiliates (for purposes of this Agreement only, are endorsing you or your products or services, (ii) you should not imply an affiliation between your company and us or any of our affiliates without prior written consent from us or our affiliate, as the case may be, (iii) you should not misrepresent your relationship with us or any of our affiliates or present false or misleading impressions about DearJames® products or those of our affiliates, (iv) your website or banners should not contain content that may be interpreted as distasteful, obscene, libelous, defamatory, pornographic or offensive and should be appropriate for all age groups, (v) your website or banners should not contain content that would violate any laws, (vi) your website or banners should not promote MLM, pyramid schemes, Get-Rich-Quick programs or similar types of business or schemes, and (vii) you agree that the link may be removed at any time upon our request pursuant to our reserved rights to rescind our consent to allow the link.

 

(d) All DearJames® Gifts, including DearJames® Printable PDF’s, DearJames® Wallpaper and Screensavers, are intended only for personal use and may not be sold, reproduced or otherwise disseminated.

 

  1. Restrictions on Use of Materials

(a) Except as expressly provided elsewhere by this website, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this website, except that you may access and display material and all other content displayed on this website for non-commercial, personal, entertainment use on a single computer only. Without limiting the generality of the foregoing, you may not distribute any part of this website over any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database. Except as expressly provided elsewhere by this website, any authorization to copy material granted by DearJames® in any part of this website for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, is subject to your keeping intact all copyright and other proprietary notices, and use of any material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this website into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

 

(b) DearJames® respects the intellectual property rights of others and asks users of this website to do the same.

 

  1. Purchases; Other Terms and Conditions

(a) Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between this Agreement and the terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall control with respect to your use of that portion of the website or the specific service.

 

(b) DearJames®’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this website should be construed to alter such agreements.

(c) When you purchase any product or service through DearJames.com you may be asked for information required to complete a purchasing transaction, such as credit card numbers, credit card expiration dates, billing address and shipping information. You represent and warrant that you have the legal right to use any credit card or other payment method utilized in connection with any purchasing transaction. By submitting this information you grant DearJames LLC the right to share this information with third parties for the sole purpose of fulfilling the completion of the transaction initiated by you, or on your behalf. Verification of information may be required before the completion of a transaction.

 

  1. Disclaimer of Warranties

Your use of this website is at your own risk. This website and all the materials, information, software, facilities, services and other content in this website are provided “as is” and “as available” without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, DearJames® disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. DearJames® does not warrant that the functions contained in this website will be available, uninterrupted or error-free, that defects will be corrected, or that DearJames®’ websites or the servers that make them available are free of viruses or other harmful components. DearJames® does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services or other content in this website or any sites linked to this website in terms of their correctness, accuracy, reliability, or otherwise. DearJames® makes no warranties that your use of the materials, information, software, facilities, service or other content in this website will not infringe the rights of others and DearJames® assumes no liability or responsibility for errors or omissions in such materials, information, software, facilities, service or other content of this website. If applicable law does not allow the exclusion of some or all of the above, implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.

 

The information contained on this site and/or in any Invited Submission, its corresponding reply, editorial content, links, books, movies, videos or other products sold, presented, provided or promoted on this website are intended to be educational in nature and for personal enjoyment. This information is not for diagnosis, prescription, treatment or resolution of any health disorder or legal, business or financial matters whatsoever. This information should not replace consultation with a competent professional and DearJames® and DearJames.com specifically disclaim any such representation, interpretation or assertion whether express or implied. The content of these products is intended as enjoyment and to be used as an adjunct to a rational and responsible program prescribed by an appropriate professional. DearJames®, its affiliates and any authors, producers, sellers and publishers of these products are in no way liable for any misuse of the material they contain.

 

  1. Limitation of Liability

DearJames® does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, this website or the material, information, software, facilities, services or other content on this website, regardless of the basis upon which liability is claimed and even if DearJames® has been advised of the possibility of such loss or damage. Without limitation, you (and not DearJames®) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

 

  1. Creative Submissions, Postings, Emails and Communications

(a) DearJames® does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, or other potential content. This is to avoid the possibility of future misunderstanding when projects developed by DearJames® staff or representatives might seem to others to be similar to the submitted concepts, creative ideas, suggestions, stories or other potential content. Any unsolicited submissions will be promptly discarded as if never received.

 

(b) Areas on this website may expressly request submissions of advice questions, concepts, creative ideas, suggestions, stories, or other potential content from you (“Invited Submissions”). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this website to govern those submissions (“Additional Terms”), since they will affect your legal rights. If no Additional Terms govern those submissions, then this Agreement will apply in full to any Invited Submissions you make.

 

(c) Questions and photos submitted to DearJames®, for an intuitive advise question response are considered “Invited Submissions.” You agree that these submissions are submitted voluntarily and that you have the authorization to make such submissions. If photos are submitted in conjunction with your query, you affirm that you (i) have a copyright in such photo(s), or have (b) specific permission, license in or rights to submit such image(s) and/or have the consent of every person contained within said image, and by your submission, are voluntarily electing to have the image reproduced, as part of the query and answer. You agree to indemnify and hold harmless DearJames® and DearJames.com, from any and all actual or potential claims arising or resulting from your submission. All queries and image submissions immediately become the sole and separate property of DearJames® and may be utilized in any manner DearJames® deems necessary. Not all queries submitted will receive a reply or be posted on the DearJames® website and DearJames® reserves the right to refrain from utilizing your submission. You further agree and consent to automatically having your submitted contact information added to the DearJames® mailing list for future use, promotion, and outreach.

(d) DearJames® may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User Content, and DearJames® may, in its sole discretion, delete, move, edit, re-format, remove or refuse to post or otherwise make use of User Content without notice or any liability to you or any third party. DearJames® reserves the right, however, to treat User Content on the Sites as content stored at the direction of users for which DearJames® will not exercise control except to block or remove content that comes to DearJames®’ attention and is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable, or to enforce the rights of third parties or the content restrictions set forth herein when notice of their violation comes to DearJames®’ attention. Such User Content submitted by you or others need not, however, be maintained on the web site by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the web site or elsewhere.

See section 11 below for further applicable terms and conditions.

 

(e) In any event, no material you send to us will be treated as confidential.

 

(f) Please act responsibly when using this website. You may use this website and its contents only for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this website. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by DearJames®) or privately transmitted on or through this website are the sole responsibility of the sender, not DearJames®, and that you are responsible for all material you upload, post or otherwise transmit to or through this website.

 

(g) DearJames® requires that you do not post e-mails or submit to us or otherwise make available on this website any content, or act in a way, which in our opinion:

 

(i) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

(ii) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(iii) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

(iv) violates any law or may be considered to violate any law;

(v) transmits under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);

(vi) advocates or promotes illegal activity;

(vii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

(viii) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this website;

(ix) solicits funds, advertisers or sponsors;

(x) includes programs which contain viruses, worms and/or “Trojan horses” or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

(xi) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the website;

(xii) copies any other pages or images on this website except with appropriate authority;

(xiii) amounts to a “pyramid” or similar scheme;

(xiv) disobeys any policy or regulations established from time to time regarding use of this website or any networks connected to this website; or

(xv) contains links to other sites that contain the kind of content that falls within the descriptions set out at (i) to (xiv) above.

 

(h) In addition, you are prohibited from removing any sponsorship banners, similar promotional displays and inserts or other material inserted by DearJames® anywhere on this website (e.g., on any web space made available for your use).

 

  1. Use of Submitted Content

(a) DearJames® will consider anything you provide to DearJames® and/or contribute to this website as available for our use free of any obligations to you, except where we have expressly solicited “Invited Submissions” and those submissions are expressly governed by Additional Terms appearing elsewhere on this website (see “Creative Submissions, Postings, E-mails and Communications” above), in which event those Additional Terms will determine how we will treat your “Invited Submissions”.

 

(b) Subject to the provisions of any Additional Terms, by posting or uploading any content to this website and/or providing any communication or material to DearJames® (“User Content”), you automatically and irrevocably:

 

(i) grant and assign to DearJames® any and all rights in the User Content throughout the world including, without limitation, all copyright, together with all consents (if any) necessary to enable its assignment, sublicensing, reproduction, distribution, modification, publishing and/or other exploitation by DearJames® and/or by any person authorized by DearJames®, by any means and in all media now known or hereafter devised, in whole or in part, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;

(ii) waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;

(iii) appoint DearJames® as your agent with full power to enter into any document and/or do any act DearJames® may consider appropriate to confirm the grant and assignment, consent and waiver set out above;

(iv) warrant that you are the owner of the User Content and entitled to enter into this Agreement;

(v) confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that DearJames® shall not be liable for any use or disclosure of such User Content.

 

  1. Hyperlinks To and From Other Sites

(a) This website may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of DearJames® and you acknowledge that (whether or not such sites are affiliated in any way with DearJames®) DearJames® is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by DearJames® or any association with its operators.

 

(b) DearJames® cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from DearJames® since other shop channels are owned and operated by independent retailers. DearJames® does not endorse any of the merchandise, nor has DearJames® taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. DearJames® does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

 

(c) Any area of this website that is accessed through any third party proprietary online service or website is subject to the rules, policies and guidelines of such third party proprietary online service or website.

 

  1. Downloading Software

 / Wireless Internet

(a) All software and documentation available for download from the DearJames® Web Site is the copyrighted work of DearJames® or its licensors. Software and documentation ownership is retained by the copyright holder. You are only licensed to use the software subject to certain restrictions contained in the end user license agreement accompanying such software. You expressly agree that any software or other DearJames® Site Content downloaded or otherwise obtained through the use of the DearJames® Web Site is done at your own discretion and risk and that you will be solely responsible for any damage to your network or computer system or loss of data that results from the download of software or other DearJames® Site Content.

 

(b) The web site may offer certain features and services that are available to you via your wireless Internet Device. These features and services may include the ability to access DearJames.com features and upload content to DearJames.com, receive messages from DearJames.com, and download applications to your wireless Internet Device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues. You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless Internet Device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features.

 

  1. System Abuse

(a) You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this website, unless otherwise expressly permitted by this website.

 

(b) You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security, (e.g. password guessing programs, cracking tools or network probing tools), are strictly prohibited.

 

  1. Investigations

DearJames® reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any submission, posting or e-mails you make or send to the website. DearJames® may seek to gather information from the user who is suspected of violating the terms of this Agreement, and from any other user. DearJames® may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If DearJames® believes, in its sole discretion, that a violation of these terms of this Agreement has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. DearJames® may provide personally identifiable information in response to legal process, for example, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.

 

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS DEARJAMES® FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DEARJAMES® DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DEARJAMES OR LAW ENFORCEMENT AUTHORITIES.

 

  1. Local Regulations

DearJames® makes no representation that materials or other content in the website are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the website from other locations you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

 

 

  1. Indemnity

You agree to indemnify and hold harmless DearJames®, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys” fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto the website’s servers, and/or from any and all use of your account in violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

  1. Copyright Complaints
    We respect the intellectual property rights of others and we prohibit users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party’s intellectual property rights. However, material is posted on the DearJames® site by third parties not within our control, and we are under no obligation to and do not review all content for the inclusion of illegal or impermissible content. However, pursuant to our policy, DearJames® does not permit material known by us to infringe on another party’s copyright to remain on the web site. In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. Further, we will terminate, in appropriate circumstances and at our sole discretion, the accounts of members who are deemed to be repeat infringers. If you believe any material on DearJames.com infringes a copyright, you should provide us with written notice.

 

  1. Waiver of Unknown Claims

 

BY ACCESSING THE WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

  1. Applicable Law and Jurisdictional Matters

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California. Any action you, any third party or DearJames® may bring to enforce this Agreement or, in connection with any matters related to the website shall be brought only in either the State or Federal Courts located in Los Angeles, California, and you expressly consent to the jurisdiction of said courts.

 

  1. Severability

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein.

 

  1. Modification

DearJames LLC reserves the right to make changes to DearJames.com, any published policies, posts, terms and conditions of use at any time without notice. These terms and conditions of use were last updated on 23 May 2018.

 

IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE.

 

 

Terms of Use – Invited Submission & User Content

  • You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by DearJames®.
  • Neither you nor they are entitled to any compensation by DearJames®.
  • You agree to be bound by these Terms of Use – Invited Submissions & User Content policies as well as by our general “Terms of Use” and “Privacy Policy” policies.

 

User Generated Content, Social Networking and Public Information
DearJames.com may permit you to submit advice questions, ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Generated Content – Invited Submission”). User Generated Content – Invited Submission may be published online or offline in any media or format (currently existing or hereafter developed). Others may have access to this User Generated Content – Invited Submission and may have the ability to share it with third parties across the Internet. Additionally, you may have the opportunity to engage in social networking through the Sites, such as creating a public profile, sharing User Generated Content – Invited Submission, and inviting others to connect with you. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Generated Content – Invited Submission or social networking activities. Please note that DearJames® does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. This Privacy Policy does not apply to any information that you disclose publicly, share with others or otherwise upload onto the DearJames.com website. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive from third parties through the website.

 

Name and Likeness
We may also publish your name, voice, likeness and other Personal Information that is part of your User Generated Content – Invited Submission (or any portion of the content), and DearJames.com may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities. For full terms and conditions regarding User Generated Content – Invited Submission you submit to the website, please review our Terms of Use.

DearJames® reserves the right in its sole discretion to remove or edit an Invited Submission and/or User Content by you and to terminate your Account for any reason. DearJames® is not responsible for any Invited Submission and/or User Content submitted to DearJames.com or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of DearJames.com.

 

 

Interactive Areas

DearJames.com may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are thirteen (13) years of age or older and, if you are under the age of eighteen (18), you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Use, submit content, participate on DearJames.com, and fulfill the obligations set forth in these Terms of Use, which forms a binding contract between you and DearJames®. Dear James.com is a general audience web site and we do not knowingly collect any Personal Information from children younger than the age of thirteen (13). We will delete any User Content or Personal Information collected that we later determine to be from a user younger than the age of thirteen (13).

 

Content Modification

DearJames® shall have the right, but not the obligation, to monitor any Invited Submission and/or User Content posted or uploaded to DearJames.com to determine compliance with these Terms of Use and our general Terms of Use operating rules established by DearJames® and to satisfy any law, regulation or authorized government request. Although DearJames® has no obligation to monitor, screen, edit or remove any Invited Submission and/or User Content posted or uploaded to DearJames.com, DearJames® reserves the right, and has absolute discretion to screen, edit, refuse to post or remove without notice any Invited Submission and/or User Content posted or uploaded to DearJames.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Invited Submission and/or User Content posted to the Site at your sole cost and expense.

 

License to Invited Submission and/or User Content

By submitting an Invited Submission and/or User Content to DearJames.com, you automatically grant DearJames®, its licensees, successors, assigns, agents or affiliated businesses, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit said Invited Submission and/or User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Invited Submission and/or User Content.  Said license shall require no consideration on the part of DearJames LLC – DearJames® or DearJames.com to you. You warrant that such Invited Submission and/or User Content is accurate and not misleading, and that use and posting or other transmission of such Invited Submission and/or User Content does not violate these Terms of Use or our general Terms of Use and Privacy Policy and will not violate any rights of or cause injury to any person or entity. You further grant DearJames® the right to pursue at law any person or entity that violates your or DearJames®’ rights in the Invited Submission and/or User Content by a breach of these Terms of Use. You further agree and consent to automatically having your submitted contact information added to the DearJames® mailing list for future use, promotion, and outreach.

 

Moral Rights

If it is determined that you retain moral rights (including rights of attribution or integrity) in the Invited Submission and/or User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Invited Submission and/or User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Invited Submission and/or User Content by DearJames® or its licensees, successors, assigns, agents or affiliated businesses; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any Invited Submission and/or User Content; and (d) you forever release DearJames®, and its licensees, successors, assigns, agents or affiliated businesses from any claims that you could otherwise assert against DearJames® by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the Invited Submission and/or User Content for that user’s personal use.

Invited Submission and/or User Content submitted by you will be considered non-confidential and DearJames® is under no obligation to treat such Invited Submission and/or User Content as proprietary information except pursuant to the DearJames® Privacy Policy. Without limiting the foregoing, DearJames® reserves the right to use any Invited Submission and/or User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. DearJames® is under no obligation to offer you any payment for any Invited Submission and/or User Content that you submit or the opportunity to edit, delete or otherwise modify any Invited Submission and/or User Content once it has been submitted to DearJames®. DearJames® shall have no duty to attribute authorship of any Invited Submission and/or User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

You are responsible for completing all required fields and maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. DearJames® may allow you to review, correct or update Personal Information you have provided through a registration form or otherwise. DearJames® will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. You may cancel or modify your communications and/or subscriptions such as newsletters, mailing list(s), and daily’s that you have elected to receive by following the instructions contained within the e-mail you receive as part of the subscription or newsletter or by logging into your user account and changing your communication preferences. If you have any questions about: (a) access to Personal Information; (b) the collection, use, management or disclosure of your Personal Information; or (c) these Terms of Invited Submission & User Content, you should contact us in the following ways: Postal Mail: 8033 W Sunset Blvd., Suite 809 Los Angeles, California 90046 or by e-mail at: privacy@dearjames.com.

 

Modification

DearJames LLC reserves the right to make changes to DearJames.com, any published policies, posts, terms and conditions of use at any time without notice. These Invited Submission & User Content terms and conditions were last updated on 23 May 2018.

Should you not agree to these Terms of Use – Invited Submission & User Content, our general Terms of Use, and Privacy Policy, your sole remedy is to immediately discontinue use of the DearJames.com site, its Invited Submission and/or User Content areas.

 

DearJames® Privacy Policy

 

The DearJames® Privacy Policy covers the collection, use, and disclosure of personal information that may be collected by DearJames®. (“DearJames®” or “us” or “we”) anytime you interact with DearJames® or visit our website. Please take a moment to read the following to learn more about our information practices, including what type of information is gathered, how the information is used and for what purposes, to whom we disclose the information, and how we safeguard your personal information. Your privacy is a priority at DearJames®, and we go to great lengths to protect it.

 

DearJames® reserves the right to update this privacy policy from time to time.

 

Why We Collect Personal Information

 

We collect your personal information because it helps us deliver a superior experience and level of customer service. It enables us to give you convenient access to our products and services and focus on categories of greatest interest to you. In addition, your personal information helps us keep you posted on the latest product and other announcements, special offers, and events that you might like to hear about.

 

What Information We Collect and How We May Use It

 

There are a number of situations in which your personal information may help us give you better products. For example:

 

  • We may ask for your personal information when you’re registering for a service or purchasing a product.
  • When you interact with DearJames® or our website, we may collect personal information relevant to the situation, such as your name, mailing address, phone number, email address, and contact preferences; your credit card information and information about DearJames® or other products you own; and information relating to a support or service issue.
  • You may be asked to provide personal data in certain fields on this web site. The personal data collected on this site is used for the purpose for which it is requested.
  • We collect information regarding customer activities on our website. This helps us to determine how best to provide useful information to customers and to understand which parts of our websites, products, and Internet services are of most interest to them.
  • We may use personal information to provide products that you have requested as well as for auditing, research, and analysis to improve the products offered on our website.
  • Should you sign up for an email newsletter at this site, DearJames® will use that address to deliver the email newsletter you have requested.

Invited Submissions

Identity Information you provide, including but not limited to your name, email address, contact information and any likeness or image(s) submitted (i.e. photograph(s)) are solely utilized and made for public display, in accordance with and based upon the information and permission you selected, approved and granted, within the submission form, at the time of the submission. You further agree that the identity information you provide may be added to the DearJames® email list for future use and outreach.

 

Publicly Displayed Information is Public

If you use a comment submission feature or bulletin board or chat room on the DearJames® website you should be aware that any information you share may be visible to other users. Personally identifiable information you submit in this manner can be read, collected, or used by other individuals to send you unsolicited messages. DearJames® is not responsible for the personally identifiable information you choose to submit in this manner. For example, if you submit a comment that includes information that was previously non-public DearJames® will collect that information from your interaction and the information may become publicly available.

 

When We Disclose Your Information

DearJames® takes your privacy very seriously. DearJames® does not sell or rent your contact information to other marketers.

 

To help us provide superior service, your personal information may be shared with the holder of the copyrights to the website and to the products sold on it, who will take steps to safeguard it in accordance with our privacy policy.

 

There are also times when DearJames® makes certain personal information about you available to companies with whom DearJames® has a strategic relationship or that provide products and services to you on our behalf. These companies may help us process information, extend credit, fulfill customer orders, deliver products to you, manage and enhance customer data, provide customer service, assess your interest in our products and services, or conduct customer research or satisfaction surveys. These companies are also obligated to protect your personal information in accordance with DearJames® policies, except if we inform you otherwise at the time of collection. Without such information being made available, it would be difficult for you to purchase products, have products delivered to you, receive customer service, provide us feedback to improve our products and services, or access certain services, offers, and content on the website.

 

At times we may be required by law or litigation to disclose your personal information. We may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

DearJames® may share non-personally identifiable information, such as aggregated user statistics, with third parties. We do not share your Personal Information with third parties for those third parties’ marketing purposes unless you consent to such sharing at the time you provide your Personal Information. We may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy.

  1. When You Agree To Receive Information From Third Parties

    You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. If you do agree (or do not decline) to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from third parties. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

  2. Third Parties Providing Services On Our Behalf

    We may use third party vendors to perform certain services on behalf of the Sites, such as hosting the Sites, designing and/or operating the Sites’ features, tracking Site analytics, enabling DearJames® to send you e-mail newsletters, daily’s, promotions nad other services or performing other administrative services. We may provide these companies with access to user information, including Personal Information, to carry out the services they are performing for you or for DearJames®.

  3. Co-branded Areas

    Certain areas of the Sites may be provided to you in association with third parties (“Co-Branded Areas”) and may require you to disclose Personal Information in order to register for and access products and/or services. Such Co-Branded Areas will identify the third party associates. If you elect to register for products and/or services at Co-Branded Areas you may be providing your information to both DearJames® and the third party associates. Further, if you sign-in to a Co-Branded Area with a username and password obtained on the Sites, your Personal Information may be disclosed to the identified third party associates for that Co-Branded Area and will be subject to the posted privacy policies.

  4. Administrative and Legal Reasons

    We may transfer and disclose your information, including Personal Information, to third parties: (i) in the event we are required to respond to subpoenas or other legal process or if in our good faith opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; (iii) to protect and/or defend the Sites’ Terms of Use or other policies applicable to the Sites; or (iv) to protect the personal safety, rights, property or security of any individual. We may also use IP address or other Device Identifiers to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you.

  5. Business Transfer

    DearJames® may share Personal Information with its parent(s), subsidiaries and affiliates for internal reasons. DearJames® also reserves the right to disclose and transfer all information related to the Sites, including, without limitation, your Personal Information, Demographic Information and Usage Information: (i) to a subsequent owner, co-owner or operator of the Sites or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of Dear James® stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.

How We Protect Your Personal Information

 

DearJames® takes precautions – including administrative, technical, and physical measures – to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.

 

The DearJames® Store uses Secure Sockets Layer (SSL) encryption on all web pages where personal financial information is required. To make purchases from the DearJames® Store, you must use an SSL-enabled browser such as Google Chrome, Safari, Firefox, Netscape Navigator, or Internet Explorer. Doing so protects the confidentiality of your personal and credit card information while it’s transmitted over the Internet.

 

General Data Privacy Regulation (GDPR)

The GDPR takes effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.

As a company that markets its site, content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of our site, content, products and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.

If you are a resident of the European Economic Area (EEA), or are accessing this site from within the EEA, you may have the right to request: access to, correction of, deletion of; portability of; and restriction or objection to processing of your personal data from us. This includes the “right to be forgotten.”

To make any of these requests, please contact our GDPR contact at privacy@dearjames.com

 

Opting Out

You can remove your name from our email list by clicking the unsubscribe button at the bottom of any email we send.

 

Cookies and Other Technologies

As is standard practice on many corporate websites, the DearJames® website uses “cookies” and other technologies to help us understand which parts of our websites are the most popular, where our visitors are going, and how much time they spend there. We may use cookies and other technologies to study traffic patterns on our website. This information helps us make the website even more rewarding and helps us study the effectiveness of our customer communications. We also use cookies to customize your experience and provide greater convenience each time you interact with us. For example, your contact information and information about your computer helps us provide you with customer service.

As is true of most websites, we gather certain information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather demographic information about our user base as a whole. DearJames® will not use this type of collected information to market directly to that person.

 

In some of the email messages from us, or those whose products are available on our website, we use a “click-through URL” linked to content on the DearJames® website. When customers click one of these URLs, they pass through our web server before arriving at the destination web page. We may track this click-through data to help us determine interest in particular topics and measure the effectiveness of customer communications. If you prefer not to be tracked simply avoid clicking text or graphic links in the email.

 

Third-Party Sites & Advertising

The DearJames® website has links to the sites of third parties. DearJames® is not responsible for their privacy practices. We encourage you to learn about the privacy policies of those companies. From time to time, DearJames® may serve ad banners, pop-up ads, pop-under ads, etc., or may enter into other advertising or partnership arrangements with other websites and businesses. Without your explicit agreement, DearJames® will not share any information about your user profile or other personal information with these sites. These sites may independently collect data on you,however, DearJames® accepts absolutely no responsibility for your usage of their site or services, nor any personal information you wish to share with them.

 

DearJames® uses third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.

 

Third Party Cookies

In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique “cookie” on your browser.

 

Privacy Questions

DearJames LLC reserves the right to make changes to DearJames.com, any published policies, posts, terms and conditions of use at any time without notice. This privacy policy was last updated on 23 May 2018. If you have questions or concerns about the DearJames® Customer Privacy Policy or data processing please contact us at privacy@dearjames.com.