JAZZ AND LOVE/BRYSON ENTERTAINMENT, LLC.
TERMS OF USEOBJECTIVES:The Jazz and Love website, www.jazzandlove.com, a service of Bryson Entertainment, LLC (the “Website”), contains content that is provided as a service to users who agree to abide by the following conduct terms. Your right to use the Website is governed by these Terms of Use and the Bryson Entertainment, LLC Privacy Policy (collectively, “Terms”), and you should take the time to review both carefully before you use the Website. By using the Website, you agree to comply with these Terms. The Website reserves the right to change the Terms at any time and for any reason. Updated Terms will be posted on the Website, and you should visit the Website periodically to stay informed of any changes. By continuing to use the Website after any such change, you accept and agree to the modified Terms. The Website reserves the right to modify or discontinue, temporarily or permanently, the Website, any site features, benefits (including without limitation blocking or terminating your account, if applicable), rules or conditions, all without notice, even though such changes may affect your use of the Website. You agree that the Website will not be liable to you or any third-party for any modification or termination of the Website.USER CONDUCT:Without limitation, you agree to refrain from the following actions while using the Website:
1. Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, and in particular, that is harmful to minors, physically threatening, invasive of another’s privacy, defamatory, obscene, or that contains hate speech, as well as material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation;
2. Impersonating an employee of Bryson Entertainment, LLC or falsely claiming affiliation with Bryson Entertainment, LLC;
3. Harming minors in any way;
4. Uploading, posting, emailing, transmitting, or otherwise making available any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation;
5. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others;
6. Sending messages for the purpose of, or otherwise engaging in, disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, trojan horses or any other destructive element;
7. Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Website;
8. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Website; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Website, its content or information available from the Website without the express written consent of agents of the Website;
9. Interfering with or disrupting the Website or servers or networks through which the Website is provided; or
10. Using the Website to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Website. You understand that any materials that you post, transmit, or otherwise make available for viewing on public areas of the Website, including but not limited to comments and messages posted in response to our news articles (collectively, “User Content”) are solely the responsibility of the person from whom such User Content originated. You agree that the Website may or may not, in its sole discretion, pre-screen, monitor or approve any User Content, but that the Website shall have no obligation to pre-screen, monitor or approve such Content. You acknowledge and agree that the Website shall have the right, but not the obligation, to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit or delete any User Content for any reason whatsoever. Any user who violates the Terms may be permanently banned, at our sole discretion, from posting ads or using the Website.You acknowledge, consent and agree that the Website may access, preserve and disclose your account information and User Content you upload, post, or otherwise make available on the Website if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
1. comply with legal process;
2. enforce these Terms;
3. respond to claims that any Content violates the rights of third parties;
4. respond to your help requests; or
5. protect the rights, property or personal safety of the Website, its users and the public. USE OF MATERIALS:Any User Content that you post, transmit, or otherwise make available for viewing on public areas of the Website, including but not limited to comments and messages posted in response to our news articles (collectively, “User Content”), will be treated as non-confidential and non-proprietary to you. You understand and agree that any such User Content may be used by the Website or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media. You grant the Website (and our affiliates) the irrevocable right to use and/or edit your User Content, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, and advertising in any media in perpetuity without notice or compensation to you.TERMINATION OF ACCESS:The Website has the right terminate your access for any reason if we believe you have violated these Terms in any manner. You agree not to hold the Website liable for such termination, and further agree not to attempt to use the Website after termination.COPYRIGHT AND TRADEMARKS:All materials on the Website, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to Bryson Entertainment, LLC or owned by other parties who have posted on the Website. Materials from the Website and from any other web site owned, operated, controlled, or licensed by Bryson Entertainment, LLC may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. In posting content on the Website, you grant to Bryson Entertainment, LLC, and its owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.LINKS:The Website has no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Website, whether or not they may be affiliated with the Website. Any websites linked to or from the Website are for your convenience only, and you access them at your own risk.DISCLAIMER OF WARRANTIES FOR WEBSITE:YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK. BRYSON ENTERTAINMENT, LLC SHALL NOT BE RESPONSIBLE FOR ANY CONTENT FOUND ON THE WEBSITE. BRYSON ENTERTAINMENT, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BRYSON ENTERTAINMENT, LLC MAKES NO WARRANTY THAT ITS CONTENT OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.FORCE MAJEURE:
You agree that Bryson Entertainment, LLC is not responsible to you if you are harmed as a result of events beyond its control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond its control.LIMITATION OF LIABILITY:The information, services and products available to you on this Website may contain errors and are subject to periods of interruption. While the Website does its best to maintain the information, services and products it offers on the Website, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Website.IN NO EVENT SHALL BRYSON ENTERTAINMENT, LLC OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO:
1. THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THIS WEBSITE;
2. ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THIS WEBSITE; OR
3. ANY INTERACTION BETWEEN YOU AND OTHER PARTICIPANTS OF THE WEBSITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING WITHOUT LIMITATION, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE WEBSITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE WEBSITE OR PARTICIPATION IN ANY WEBSITE’S ACTIVITIES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE WEBSITE.If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”INDEMNITY:You agree to indemnify and hold harmless the Indemnified Parties from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Website, the violation of these Terms by you, or the infringement by you, or other users of the Website using your computer, of any intellectual property or other right of any person or entity. Bryson Entertainment, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.JURISDICTION AND CHOICE OF LAW:These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Website, shall be brought only in either the state or Federal courts located in Florida in the county of Broward, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.GENERAL:These Terms constitute the entire agreement between you and Bryson Entertainment, LLC and govern your use of the Website, superseding any prior agreements between you and Bryson Entertainment, LLC. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another site linked to by this Website. The section titles in these Terms are for convenience only and have no legal or contractual effect.SEVERANCE AND WAIVER:You acknowledge and agree that if any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. Bryson Entertainment, LLC’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Bryson Entertainment, LLC.