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If you're looking for our Copyright Infringement Notification Procedure
Page, go Here.
Summary:
1. Reading the
summary in place of the full TOS doesn't mean you are exempt from being
subject to the full TOS.
2. You must be
18 to sign up for an account or use the service in any way.
3. Abuse the network,
you're history. Period. No exceptions.
4. You must be
a participant in some entertainment media fandom.
5. We can terminate
anyone's account if we feel that user is a detriment to the journalfen
community. We won't do it lightly, but we do retain the right. If termination
is due to violation of terms of service, no refunds will be made if the
account is a paid account.
6. We decide what
constitutes harassment and who is guilty of it. Nobody guilty of it gets
off on a technicality of definition.
7. No political
or religious-based journals. They're not entertainment media related.
8. No reselling,
no using your journal for soliciting (of the financial kind), no commercial
ventures on the journals.
I. TERMS
Journalfen.net provides the following service to you, under condition
of these Terms of Service ("TOS"), which may be updated periodically
without notice. You can review the current version of the TOS at: http://journalfen.net/legal/tos.html.
Failure to comply with these TOS may result in account removal and permanent
banning from future services, journalfen or CKR Media or CKR Webhosting
included..
II. DESCRIPTION
OF SERVICE
Journalfen.net is a specialized web-based service that allows its media
fen users to create and update online journals (herein referred to as
"JournalFen", or "the Service"). The Service can be
updated through a web browser as well as by the use of a desktop client
("the Software"). Each user is expected to be considered a part
of an online community commonly known as 'media fen'. These members participate
as fans of various media such as television, film and print media in an
entertainment capacity. Individual or community journals primarily based
on religion and/or politics do not qualify as entertainment media and
are not permitted. Once registered with Journalfen.net, each user receives
his or her own journal space to post text, data, messages, or information
concerning or linked to various entertainment media ("the Content").
This Content may reside on JournalFen’s servers or on the servers
of a third party should the capability come available to journalfen.
III. ACCOUNT AVAILABILITY
All accounts, paid and free, are available in accordance with our policy
that no one under the age of 18 may register; Journalfen.net reserves
the right to change, modify, or otherwise discontinue any level of account,
paid or free and/or its respective services.
IV. REGISTRATION
POLICY
Account registration and verification is required in order to create a
JournalFen journal. During registration, all users are required to provide
accurate, complete and current information about themselves in all required
fields. Should any of your information change after submitting it to JournalFen,
you are required to update that information as soon as possible. Should
Journalfen.net suspect that your personal information is not complete,
current, or accurate, your account may be subject to suspension or termination.
Should you feel that Journalfen.net’s privacy policy is not sufficient
for you to complete the registration form truthfully, please email your
concerns to privacy@journalfen.net. It will be up to the discretion of
the administration whether or not to require the missing/inaccurate information
to be sent via email. Some of the information may be required for legal
purposes or verification that the user meets the minimum age requirement.
V. JOURNALFEN.NET
PRIVACY POLICY
Personal information required in the course of registration remains confidential.
Journalfen will never release your personal information, to anyone, except
as may be required by law, or in the course of any possible legal proceedings.
Information you make publically available on your journal is up to you
to protect. Journalfen will never sell, or otherwise make available, information
that is not required for the normal display of your journal.
VI. INDEMNITY
You agree to indemnify and hold Journalfen.net, and its subsidiaries,
affiliates, officers, agents, or other partners, and volunteer staff,
harmless from any claim or demand, including reasonable attorneys’
fees, made by any third party due to or arising out of your Content, your
use of the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another, whether you are a
registered user or not. The user is solely responsible for his or her
actions when using the Service, including, but not limited to, costs incurred
for Internet access.
VII. INTERNATIONAL
USE
You agree to comply with all local rules applicable to you regarding online
conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported
from the United States, the states of California and Rhode Island and
the country in which you reside.
VIII. GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that Journalfen.net may establish general practices and
limits concerning use of the Service and may modify those general practices
at any time. One primary condition of use is participation in some capacity
as a fan in a community of other media fen. Journals may have content
that is not media related, providing that the general purpose of the journal
is not based on religion or politics. Another primary condition is that
each user MUST be at least eighteen (18) years of age in order to qualify
for an account.
IX. MODIFICATIONS
Journalfen.net reserves the right to modify or discontinue, temporarily
or permanently, the Service (or any part thereof) with or without notice
at any time. You agree that Journalfen.net shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
X. NO RESALE OF
SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service.
XI. TERMINATION
You agree that Journalfen.net, in its sole discretion, may terminate your
journal or account, and remove and/or discard any content within the Service,
for any reason, including and without limitation, the lack of use, or
if Journalfen.net believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Any contracts, verbal or written
or assumed, in conjunction with your deleted journal and all its parts,
at Journalfen.net’s discretion, will be terminated as well. Journalfen.net
may also in its sole discretion and at any time, discontinue providing
the Service, or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that
Journalfen.net may immediately deactivate or delete your Journalfen.net
journal and all related information and files. Journalfen.net reserves
the right to bar any further access to such files or the Service. You
agree that Journalfen.net shall not be liable to you or any third-party
for any termination of your access to the Service. Paid accounts that
are terminated will not be refunded. Journalfen reserves the right to
refuse service to or terminate the user of the Service of any user who,
at Journalfen's discretion, has been determined to be a financial risk
to the Service, either directly or indirectly. We reserve the right to
refuse service to or terminate the account of any user or potential user
whom we determine has been involved in fan community conflicts, past or
present, in excess of what most communities deem usual. Termination may
be for an indefinite period of time.
XII. LINKS TO
EXTERNAL WEBSITES
Journalfen.net or its users' journals may provide links to other World
Wide Web sites or resources. You acknowledge and agree that Journalfen.net
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites
or resources. You further acknowledge and agree that Journalfen.net shall
not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or
reliance on any such content, goods or services available on or through
any such site or resource.
XIII. PROPRIETARY
RIGHTS
You must acknowledge and agree that the Service, and any necessary software
used in connection with the Service (referred to as "Software"),
may contain proprietary and confidential information that is protected
by applicable laws governing intellectual property, proprietary rights
and the like. All code and specifications are subject to their said or
implied licenses. Such code may not be used with malicious intent to seek
security vulnerabilities on Journalfen.net or the services of the provider
of the code.
XIV. JOURNAL CONTENT
Guidelines for posting to your online journal shall be as follows:
1. All Content
posted to Journalfen.net in any way, is the responsibility and property
of the author. Should content be deemed illegal by law having jurisdiction
over the user, Journalfen.net may be obligated to submit necessary information
to the proper authorities;
2. Should any Content
be reported to Journalfen.net as being offensive to degree of harassment,
Journalfen.net might call upon the author to retract, modify, or protect
the Content in question within an amount of time set forth by the Journalfen.net
staff. Should the author fail to meet such a request from Journalfen.net
staff, Journalfen.net has the full authority to terminate any such reported
and verified offensive account holding such unacceptable content. Journalfen.net,
however, is under no obligation to restrict or monitor journal Content
in any way;
3. Journalfen.net
claims no ownership or control over any Content posted by its users. The
author retains all patent, trademark, and copyright to all Content posted
within available fields, and is responsible for protecting those rights,
but is not entitled to the help of the Journalfen.net staff in protecting
such Content;
4. Journalfen.net
reserves the right, without limitation except by law, to serve user Content
on the web according to the security provisions set forth by the author.
Journalfen.net also reserves the right, without limitation, to resell
any portion of a user’s Journalfen journal back to that individual;
5. You acknowledge
that Journalfen.net does not pre-screen Content, but that Journalfen.net
and its designated agents shall have the right (but not the obligation)
on their sole discretion to refuse or remove any Content that is available
through the Service. Without limit, Journalfen.net and its designated
agents shall have the right to remove any content that violates the TOS,
is determined to be in violation of another party's copyright, or is deemed
unacceptable. You agree that you must evaluate, and bear all risks associated
with the use of any content, including any reliance on the accuracy, completeness,
or usefulness of such content. Furthermore, Journalfen.net reserves the
right to limit access to your journal, if found in violation of the TOS,
by removing the journal and related user information from the member directory,
search engine, and all other methods used in conjunction with finding
JournalFen journals and users.
6. You acknowledge
that it is not the responsibility of the Service to determine whether
or not a user's Content violates another party's copyright. It is the
sole responsibility of each user to determine if their Content constitutes
fair use. Journalfen will not provide advice relating to user Content
with regard to intellectual property laws.
XV. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials or media, whether
publicly posted or privately transmitted, are the sole responsibility
of the person from which such Content originated. Journalfen.net does
not control Content posted via the Service and, as such, does not guarantee
the validity of such Content. You also understand that by using the Service,
you may be exposed to Content that some may consider to be offensive,
indecent or objectionable. Should Content be found or reported to be in
violation with, but not limited to, the following terms, it will be Journalfen.net’s
sole discretion as to what action should be taken. Incidents are to be
decided on a case-by-case basis.
You agree to NOT
use the Service to:
0. Upload, post
or otherwise transmit any content that is in Journalfen.net’s opinion
to be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene (as determined to be illegally so in your jurisdictions),
libelous, invasive to another’s privacy (up to, but not excluding
any address, email, phone number, or any other contact information with
out the written consent of the owner of such information), or racially,
ethnically or otherwise offensive;
1. Harm minors
in any way, as seen by Journalfen.net or applicable law in your jurisdictions
as well as those jurisdictions of Journalfen.net;
2. Impersonate
any person or entity, including, but not limited to, a Journalfen.net
staff member or volunteer, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
3. Forge headers
or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
4. Upload, post
or otherwise transmit any content that you do not have a right to transmit
under any law or under contractual or fiduciary relationships;
5. Upload, post
or otherwise transmit any content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party;
6. Upload, post
or otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
7. Upload, post
or otherwise transmit any material that contains software viruses or any
other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
8. Interfere with
or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks
connected to the Service; Journalfen.net reserves the right, at our sole
discretion, to terminate any user suspected of network abuse;
9. Intentionally
or unintentionally violate any applicable local, state, national or international
law, or any regulations having the force of law;
10. "Stalk"
or otherwise harass another person or company;
11. Collect or
store personal data about other users for business purposes;
12. Promote or
provide instructional information about illegal activities, promote physical
harm or injury against any group or individual, promote the destruction
of property of any group or individual, or promote any act of cruelty
to animals.
13. Use Journalfen.net
as a forwarding service to another website;
14. Allow usage
of your account by individuals or organizations other than themselves;
15. Engage in commercial
activities within JournalFen or on behalf of Journalfen.net without prior
approval.
If any user is reported to be in violation with the letter or spirit of
these terms, Journalfen.net reserves the right to terminate such account
at any time without further warning.
XVI. VOLUNTEERS
AND JOURNALFEN.NET
Journalfen.net volunteers are often called upon to perform a variety of
technical and non-technical tasks, including, but not limited to, technical
support, content reviewing and categorizing, administration, management,
research, content creation, or other tasks, as needed. All volunteers
are expected to be at least 18 years old.
By accepting these
Terms of Service, any Journalfen.net member agrees that the intellectual
content created for Journalfen.net and the Service shall remain the intellectual
property of Journalfen. If laws prevent such, the volunteer grants a perpetual
world wide non-revocable license to Journalfen.net to use said content.
If laws prevent such licensing, the volunteer agrees never to sue Journalfen.net
for the use of said content.
The volunteer certifies
that any electronic data he/she submits is his/her creation and that to
the best of the volunteer’s knowledge, the electronic data is not
claimed by another. If said data or other volunteer contribution is found
to be illegally presented, claimed, or forged, Journalfen.net will remove
such material and, at Journalfen.net’s discretion, seek action against
the individual(s) from which the contribution originated.
No JournalFen user
is required to become a volunteer to this service, and users without volunteer
status are guaranteed reasonable support and attention as compared to
those users who are volunteers.
Without expressed,
written confirmation to the contrary, all Journalfen.net volunteer positions
are assumed to be taken without pay or future consideration.
XVII. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF
THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. JOURNALFEN.NET EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
(b) JOURNALFEN.NET
MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, NOR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR
THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, NOR THAT THE QUALITY OF ANY GOODS, SERVICES,
INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS, NOR THAT ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED.
(c) ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOURNALFEN.NET
OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
XVIII. LIMITED
OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JOURNALFEN.NET SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, TANGIBLE OR INTANGIBLE, (EVEN IF JOURNALFEN.NET HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OR THE INABILITY
TO USE THE SERVICEOR OR ANY OTHER MATTER RELATING TO THE SERVICE.
19. SURVIVAL OF
TERMS
Users acknowledge that Journalfen.net's obligations end upon termination
of the user's account. Outstanding obligations of users shall survive
the termination of the account.
20. IN GENERAL
The TOS constitutes the agreement between you and Journalfen.net and governs
your use of the Service. The laws of the States of California and Rhode
Island, U.S.A, shall govern the TOS and the relationship between you and
Journalfen.net. You and Journalfen.net agree to submit to the personal
and exclusive jurisdiction of the courts located within San Diego, California
or Warwick Rhode Island, U.S.A. as applicable. The failure of Journalfen.net
to exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. Any claim related to use of the Service
or the TOS must be filed within six (6) months after the cause of action
arose. The section titles in the TOS are for convenience only and have
no legal or contractual effect.
VIOLATIONS
Abuse of the Service and violation of TOS may be reported to abuse@ckrhosting.com.
Please see our Copyright Infringement Notification
Page for instructions on what to include in the notification and information
on official procedure.
Reports of copyright
infringement may be submitted any of the following ways:
1) email: abuse@ckrhosting.com
2) fax: 1-253-295-8652 attn: C.R. Williams, CKR Webhosting LLC
3) mail:
CKR Webhosting,
LLC
C.R. Williams
32044 Waterside Lane
Westlake Village,
CA 91361
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