Welcome to jamessuckling.com. These Terms of Agreement are a legal agreement between you and jamessuckling.com and govern your use of this Website as a subscriber and/or content contributor. Use of, posting information, and gaining access to this Website are subject to your compliance with this agreement, so please read it carefully. The jamessuckling.com Website reserves the right to limit or terminate your access to this Website or suspend your subscription for failure to comply with the terms and policies posted on this Website, including these Terms of Use, or for any reason at any time.
CHANGES TO SUBSCRIPTION AGREEMENT
We will change the terms of this Agreement at any time. Upon implementing changes, you will be notified electronically by email or by posting a notice on the Service that the terms have been “updated”. The changes also will appear in this agreement, which you may access the Subscription Agreement on the site. Your agreement to be bound by such changes is signified by using a Service after changes are made to this Agreement.
In an effort to continually improve this Website and its usefulness to you, we may add additional services or make changes to existing services. In the event that jamessuckling.com makes such changes, these Terms shall apply to the new services and to any changes to existing services.
USER ACCOUNT AND PRIVACY
To access certain parts of this Website, you will be required to set up a user account. In order to set up a user account, you will be asked to provide information about yourself, such as your name, e-mail address, password, city, state, country zip code, or postal code. You are responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify jamessuckling.com immediately if you suspect any unauthorized use of your account or password, or any other breach of security. You may not use anyone else’s user account at any time. The jamessuckling.com Website cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
The jamessuckling.com Website respects your desire for privacy and takes care to protect the personal information you provide us. We have security measures in place to protect the loss, misuse, and alteration of the information under our control. Your personal information will not be shared without your permission. Your information is stored in password-protected servers.
You also have a significant role in protecting your information. No one can see or edit your personal information without knowing your user account and password, so do not share these with others.
Your user account and subscription are for your personal use. You agree not to share, resell or subdivide your user account to anyone outside of your household. You are responsible for restricting access to your user account, so others may not access jamessuckling.com with your password. Sharing your user account with others outside of your household (except as described below) may be grounds for termination without refund.
FEES AND PAYMENTS
You agree to pay the subscription fees and any other charges incurred in connection with your user account for a Service. If your user account includes access to areas containing premium content or other services, your access to such areas may be subject to additional fees, terms and conditions. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription for the service or any renewal. Refunds are only available within 24 hours of purchase. You are responsible for any fees or charges incurred to access a Service through an Internet access provider, mobile application or other third-party service.
LIMITATIONS ON USE
Unless you have prior written consent, you may not sell, retransmit, distribute, republish or otherwise provide access to the Content or Services received through this Website to anyone, including, if applicable, students or employees.
CONTENT
All text, videos, images, graphics, user or visual interfaces, trademarks, logos, music, sounds, artwork, photographs, and metadata, including but not limited to the design, compilation, structure, selection, coordination, expression, “look and feel,” advertising and all other protectable intellectual property contained on this Website is owned, controlled, or licensed for use by jamessuckling.com. All such Content is protected by trademark and copyright laws, and various other intellectual property rights and unfair competition laws. jamessuckling.com hereby grants you limited permission to use the Content and Services subject to these Terms for your personal, non-commercial informational use. If you would like to be granted the license to use any of the text on jamessuckling.com for commercial purposes, you must have a yearly premium subscription with the site and attribute jamessuckling.com when quoting the material.
USER GENERATED CONTENT
We offer you the opportunity to comment on and engage in discussions regarding articles, videos and various topics. If you upload, post or submit any User Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such User Content and it will not violate any law or the rights of any person. Any content, information, graphics, audio, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as “User Content” in this Agreement and is subject to various terms and conditions as set forth below.
We require you to register to have access to comment on and engage in discussions. We require that you choose a user name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please contact Customer Service. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
Please be aware that these areas are public and not confidential. You may only post Your Content to public areas and where you have permission to post. You may not post any content that violates these Terms or any third party rights.
Jamessuckling.com does not claim ownership of any of Your Content that you may post. However, by posting Your Content to public areas on the Website, you grant jamessuckling.com, its affiliates, partners, and distributors the perpetual, irrevocable, royalty-free right to use, copy, display, perform, distribute, adapt, create derivative works, sublicense, and promote Your Content in any medium and any manner whatsoever, and to use and sublicense your name, likeness, biography, voice, video, and photograph (if applicable) to attribute your postings to you. In addition to Your Content, we encourage you to provide us with feedback. You agree that we may use in any manner and without limitation all comments, advice, recommendations, suggestions, complaints, and other feedback you provide relating to this Website and/or services, and jamessuckling.com will own all intellectual property that we create based upon or incorporating your feedback.
NO DUTY TO MONITOR
Jamessuckling.com shall have the right, but not the responsibility, to monitor and/or remove Website content that is provided by others. While some community and other areas may be monitored for relevance, we have no obligation to prescreen any content. We reserve the right to refuse to post, to edit submitted content, and to remove content for any reason. Further, jamessuckling.com is not responsible for any failure or delay in removing content.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
In attempting to provide you with comprehensive and useful information, jamessuckling.com may provide links to third-party websites, which are not under the control of jamessuckling.com. We are not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. jamessuckling.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsements, guarantees, or any responsibility for the content or products on the linked site.
In connection with your use of this Website, you may be made aware of services, products, offers, and promotions provided by third parties. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not jamessuckling.com, is responsible for the performance of the third-party services or products.
USE OF COOKIES
When you sign onto our Website it assigns a cookie. In order for the proper functioning of this Website, it is critical your browser accept cookies from jamessuckling.com. This allows us to monitor your use of our Website. This service is one way we protect your information and your user account from unauthorized use. Further, it allows us to ensure compliance with the Terms of Use of your account. We do not track individuals’ navigation or use of the Website or Services.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT jamessuckling.com (AND ITS OFFICERS, DIRECTORS, INVESTORS, SUBSIDIARIES, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR EMPLOYEES) SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM USE, LOSS OF USE, DATA, PROFITS, OR OTHER LOSSES (EVEN IF jamessuckling.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, REMOVAL OR TERMINATION OF THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT, ERRORS OR OMISSIONS IN CONTENT ON THIS WEBSITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THIS WEBSITE, OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF jamessuckling.com AND ITS SUPPLIERS FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THIS WEBSITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO jamessuckling.com DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE.
INDEMNIFICATION
You shall indemnify, defend, and hold harmless jamessuckling.com and its affiliates, and each of their respective partners, employees, and agents from any and all claims, demands, damages, costs, and liabilities, including attorneys’ fees, made by any third party due to or arising out of your acts or omissions arising from or relating to your use of this Website. jamessuckling.com reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate as fully as reasonably necessary in the defense of any claim.
TERMINATION OF USER ACCOUNT
You agree that jamessuckling.com may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Website, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to remove your account, (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
In the event this agreement is terminated, the restrictions regarding Content or materials appearing on the Website, and the representations and rights, indemnities, and limitations of liabilities set forth in these Terms of Use will survive termination. In the event that you are unsatisfied with the Website or any services that may be provided by jamessuckling.com, your sole remedy is to terminate your user account and subscription.