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MEMBER AND USER AGREEMENT AND TERMS OF USE

 This agreement was last updated on: 10-2010

Please read this whole agreement before accessing pjtv.com or pjinstitute.com

 

Contents

 1.                    Introduction

2.                    Changes to Agreement

3.                    Becoming a Member

4.                    Your Account Information

5.                    Fees and Payments

6.                    Renewal, Modification and Cancellation

7.                    Types of Content

8.                    User Content

9.                    Ownership and Use of Non-User Content

10.                 Third Party Links

11.                 Rules for Using the Site

12.                 Disclaimer of Warranty

13.                 Limitation of Liability

14.                 Term and Termination

15.                 Third Party IP rights

16.                 General

 

Copyright Pajamas Media® 2010. All Rights Reserved.

 

1.                  Introduction.   OSM Media, LLC dba Pajamas Media, PJTV, PJI and PJInstitute(“Pajamas,” “we” or “us”) provides various types of content and interactive online services on the Internet and via mobile devices (the “Services”) to our Member originating through our websites at www.pjtv.com and www.pjinstitute.com (collectively the “Site”). Please read the following important Member and User Agreement and Terms of Use (the “Member Agreement”) carefully. This Member Agreement governs your access to and use of the Site, including any content, information, products or Services therein or based thereon. This is a legal agreement between you and PAJAMAS.  

When you subscribe to the Service, you are agreeing to this Member Agreement and the Terms of Use. To the extent you have access to, or are using, the Service without having completed our registration process, you are hereby notified that your use and your continued use of the Service are subject to the terms and conditions of this Member Agreement and Terms of Use as explained in Section 5 below.

2.                  Changes to Member Agreement. We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically. The changes also will appear in this document. Access to this document will be found at the bottom of each page. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and canceling your subscription. By continuing to access, visit or use the Site and Services after we make any such changes, you agree to be bound by the revised Member Agreement and Terms of Use.

ABOUT PJTV MEMBERSHIP

3.                  Becoming a Member.   In order to access most features on the pjtv.com Site and use the Services, you will have to become a PJTV Member.  To become a Member you must be at least 18 years of age. As a Member you will pay fees as set forth in Section 5, below. We have different levels of membership, which are explained on our Subscription page.

When you register, you will be asked to enter your email address and to choose a password.  You are responsible for safeguarding your password and you agree not to disclose your password to any third party, nor may you allow a third party to access The Content under your account. Your password is personal to you, and access by any other person, even with your permission is not allowed.  Household members may watch The Content with you. You agree that you will be solely responsible for any activities or actions taken under your email address or password, whether or not you have authorized such activities or actions. You will immediately notify Us of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.

If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to this Member Agreement; and (b) electronic records to store information related to this Member Agreement and your use of the Site and Services.

4.                  Your Account Information.  Registration data and other information about you are subject to our Privacy Policy.  You are solely responsible for maintaining the confidentiality of your password.  In addition to being a violation of our Terms of Use (see Section , below), if you provide someone else with access to your password to The Service, they will have the ability to view information about your account and make changes through the website for the Service. You agree to notify us promptly if you change your address or email so we can continue to contact you and send any notices required under this Agreement. If you fail to notify us promptly of a change, then any notice we send to your old address or email shall be deemed sufficient notice. If you distribute your user information to any third person, or make it available on any website, your account may be immediately terminated.

5.                  Fees and Payments. You agree to pay the membership fees and any other charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. Our subscriptions run both monthly and annually. They will start on the date you register and renew on that same date each month or year (your “Renewal Date”).    

We will bill all charges automatically to your credit card each month or year on your monthly or annual Renewal Date.  Unless we state in writing otherwise, all fees and charges are nonrefundable.  Therefore if you cancel prior to your Renewal Date, your cancellation will go into effect at the end of that period on your Renewal Date.   We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance.  Changes in fees will always go into effect on the next Renewal Date. 

If you believe someone has accessed the Service using your user name and password without your authorization, please notify us through the Support page.  You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

6.                  Renewal, Modification and Cancellation. Your subscription will renew automatically, unless we terminate it or you notify us by e-mail, receipt of which must be confirmed by email reply from us, of your decision to cancel your subscription. You must cancel your subscription 72 hours prior to any Renewal Date in order to avoid billing of subscription fees for the next membership period to your credit card. If you cancel, you will have access until your next Renewal Date regardless of the date of your cancellation.

You may also change your membership program.  Current membership programs can be viewed on the Subscription Page.  All membership changes will take effect, and be billed at the beginning of your next membership period.

7.                  Types of ContentAs used in this Member Agreement “Content” means, collectively, the text, data, graphics, images, scripts, photos and video files, audio files, and all meta data made available through the Site, and regardless of who created or uploaded the Content.  Unless modified, the term Content refers to all Content, including but not limited to all three of the following categories of Content. “User Content” means, collectively, the Content which you and other Members upload to the Site, and which is intended to be visible to others.  Pajamas Media is under no obligation to allow User Content.  “Pajamas Content” means the Content we upload to the Site.  “Third Party Content” means Content created by a third party that we, or a third party with our consent, uploads to the Site. We reserve the right to remove and permanently delete any Content from the Site without notice.

8.                  User Content.  a. We may periodically invite users to submit User Content either in the form of Comments posted to other Content, or Content such as videos, images, audio files etc. created by Users, and submitted to PAJAMAS. Unless otherwise specified, PAJAMAS does not pre-screen, edit, or fact-check User Content. By displaying User Content, PAJAMAS does not assume any liability for that Content. PAJAMAS reserves the right to display, refuse to display, or modify User Content submitted to us.

b. By submitting User Content to PAJAMAS you grant PAJAMAS a worldwide, perpetual, sublicensable, transferable license to use, display distribute, publicly perform and reproduce your Content in any manner and by any means, whether now known or hereafter devised, whether electronic or otherwise.

c. By submitting User Content to PAJAMAS you represent and warrant that you own the copyrights to that Content, that it is original and has not previously been published elsewhere. You further represent and warrant that any photographs, videos, audio recordings or quotes in the Content you submit has not been altered in any way other than for clarity or brevity, unless you clearly notify PAJAMAS of such changes at the time you submit Content to PAJAMAS. You also represent and warrant that no User Content that you submit violates the rights of any third party.

d. By submitting User Content to PAJAMAS you agree that you will indemnify, defend and hold PAJAMAS harmless from and against any costs, losses, damages and expenses resulting from any claim, suit, action, or proceeding brought by any third party against PAJAMAS alleging that your User Content has violated any rights of any third party. This means that you are financially responsible for any damages your Content may cause.

e. If you feel Content submitted by another User in any way violates your rights, you should submit a request to Us via the Support Link which is visible on each page of Our site. Requests should conform with the take-down procedures of the DMCA.

f. We reserve the right to remove any User Content at any time, and for any reason. We are not obligated to accept any User Content. If we do accept User Content, We will not censor User Content based solely on political or ideological views. Our guidelines for User Content is: (i) Avoid profanities or foul language unless it is contained in a necessary quote or is relevant to the Content; (ii) Comments should be on topic; (iii) Disagreement is fine, but avoid ad-hominem attacks; (iv) spam and commercial advertisements are also not allowed; and (v) We treat threats seriously and report them to law enforcement.

9.                  Ownership and Use of Non-User Content.

a. Except for User Content, PAJAMAS, its advertisers and its licensors own all right, title and interest, including all worldwide intellectual property rights in: the Site, the Content, the Services, the organization, compilation, look and feel of the Site, advertisements appearing on or linked from the Site, trademarks, service marks and logos contained on the Site and all other code, scripts, data and meta data appear on, or incidental to the storage and display of the Content and the Site, collectively referred to as “the IP.”

b. You may access and use the IP solely for your own personal use.  You may not transfer, assign, sublicense, relicense this right of access and use.  This right of access and use does not convey any ownership rights whatsoever.

c. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the IP.

d. You are solely responsible for all activities on the Site initiated through your user name.

e. You may not sell, publish, distribute, retransmit, modify, prepare derivative works based on, perform, display, broadcast, sell, license, provide others with access to the Site or otherwise exploit the Site Content and the Content.

f. You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display headlines from our content for use on another website or service. You agree not to post any content from the Site to websites, weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.

10.             Third Party Links.  We may provide links to third party websites or resources on the Site. You acknowledge and agree that PAJAMAS is not responsible or liable for the availability or accuracy of, such third party sites.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. You agree that we do not endorse, we are not responsible for, and do not control those websites, services and software.

PAJAMAS DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO CONTENT PROVIDED BY THIRD PARTIES INCLUDING THIRD PARTY CONTENT AND CONTENT ON THIRD PARTY LINKS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Certain other Websites may link to this Site. You may provide links to this Site from your Website as long as you do not link to this Site by any means that give visitors to your own Website the impression that you are linking to pages that are within your own Website, or that PAJAMAS endorses your Website, sponsors your Website, or is in any way affiliated with your Website. You shall not attribute a link on your Website to this Site and then link somewhere else. Do not frame any Content or other Materials from the PAJAMAS Site or otherwise present the Content or other Materials as your own.

11.             Rules for Using the SiteThe Site may be accessed and used only for lawful purposes.  You agree to abide by all local, state, Federal and foreign laws, treaties and regulations that cover your use of the Site.  Additionally, and without limitation, you agree to abide by the following rules while accessing or using the Site or the Services. You are prohibited from:

a. taking any action to violate or attempt to violate any security and access control provisions implemented in or in connection with the Site and the Services or the Content. Such prohibited conduct includes, without limitation, any efforts to (a) log in with a password not assigned to you, (b) access Materials not intended for you, (c) test the security measures on the Site and/or attempt to identify system vulnerabilities, (d) forge any of the header information in any posting or tamper with the TCP/IP packet header, (e) in any way use the Site or Services to send altered, deceptive or false source-identifying information (f) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying computer code for the Site and/or the Services;  or (g) attempt to probe, scan or test the vulnerability of any PAJAMAS system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;

b. taking action attempting to or intending to overwhelm, disrupt or disable the Site or the Services or interfere with the access and use of the Site and/or the Services. Such prohibited conduct includes, without limitation, any efforts to:  (a) Upload, stream, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitation; (b) Upload, stream, email, or otherwise transmit, via the Site or Services, any User Content that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity (including without limitation any pornography, erotica, child pornography or child erotica), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitutes hate speech or is otherwise objectionable in the opinion of PAJAMAS; (c) Upload, stream, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Site; or (d) Upload, stream, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;

c. attempting to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by PAJAMAS or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), or third party web search engines (such as Google, Yahoo, Ask) including without limitation any software that sends queries to the Site to determine how a website or web page ranks;

d. collecting or storing personal data about other Members or users without their express permission;

e. impersonating or misrepresenting your affiliation with any person or entity, through pretexting or some other form of social engineering or by using any meta tags or other hidden text or metadata utilizing a Pajamas Media name, trademark, URL or product name or impersonating or representing yourself as PAJAMAS staff or other industry professionals;

f. committing fraud;

g. logging on to the site from more than one computer at a time;

h. using  the Site or Services in any manner not permitted by this Agreement or encouraging or instructing any other individual to do so;

i. allowing a third party to access The Content under your account;

j. also see Section 8 concerning submitting User Content to PAJAMAS.

We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.  If We become aware of any breach of this Agreement or the foregoing rules We will investigate and may work with law enforcement authorities in such investigations and for the purpose of prosecuting offenders.

The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. PAJAMAS reserves the right to terminate these Terms of Use and prohibit your access to the Site or the Services for any action that PAJAMAS, in its sole judgment, determines to be inappropriate or disruptive to the Site, Services or to any other user.

PAJAMAS reserves the right to moderate the Services, however, the foregoing prohibitions do not impose on PAJAMAS, and PAJAMAS does not assume, any obligation to monitor or remove any Materials, other information or communication submitted by you or any content that you access through the Services. By using the Site or the Services, you hereby acknowledge and agree that you may be exposed to content that is offensive, indecent or objectionable to you. Your access to the Site and Services is undertaken at your own risk and PAJAMAS is not responsible for any offensive or otherwise objectionable materials in the Materials.

These Terms of Use, and the Privacy Policy incorporated herein, and any special rules or agreements for submissions, contests or other special events to which you agree by your participation constitute the entire agreement between you and PAJAMAS relating to your use of our Site and Services. These Terms of Use and the relationship between you and PAJAMAS shall be governed by the laws of the State of California without regard to any conflict of law provisions in any jurisdiction

12.             Disclaimer

a.                   Information from Other Sources: Our Site contains compilations and summaries of information provided by governmental as well as from other public sources. While we attempt to review and verify the information, we cannot guarantee its accuracy.

b.                  Forward-Looking Statements: Our Site contains statements and predictions that are forward-looking, that is they contain information about the state of the economy, projected tax rates, etc. These forward-looking statements are based on certain assumptions and reflect our current expectations. As a result, forward-looking statements are subject to a number of risks and uncertainties that could cause actual results or events to differ materially from current expectations. There is no assurance that any forward-looking statements will materialize. You are cautioned not to place undue reliance on forward-looking statements, which reflect expectations only as of the date of this web site. Except as may be required by applicable law, we disclaim any intention or obligation to update or revise any forward-looking statements.

c.                   Financial Plans and Projections: Our Site and some products available through our Site provide the ability to learn about the impact of the economy on personal financial plans. This information and the tools we may provide are for educational purposes only. Our calculators and tools should be seen as providing additional information to be used in an individual financial plan. However, they should not be viewed as financial plans themselves, nor are they a substitute for advice from professional financial planners, accountants and attorneys. Financial and tax advice should be obtained from certified, licensed or authorized individuals. The information provided on our Site and with our tools and calculators can assist you in organizing the information that these professional can use to create your individual financial plan, and can provide information and educational background to assist you in making decisions about your financial future.

 

d.                  You acknowledge and agree that this Site and/or the Services may include certain errors, omissions, or outdated information, which may affect the quality of the Content. You acknowledge that none of the Materials have been independently verified or authenticated in whole or in part by PAJAMAS, and agree that PAJAMAS does not warrant the accuracy or timeliness of the Content and further agree that PAJAMAS has no liability for any errors or omissions in the Content, whether provided by PAJAMAS or its licensors. You further agree that the quality and the accessibility of the Content may be affected by your Internet Service Provider, by the computer on which you access the Content and by other factors beyond the control of PAJAMAS.  Although we require that you test your access prior to signing up, factors beyond PAJAMAS’s control may change your ability to access the Content. As such, your sole remedy should the quality or accessibility of the Content not meet your expectations is to cancel your Membership.

 

PAJAMAS, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION PAJAMAS CONTECT AND ANY THIRD PARTY CONTENT. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13.             Limitation of Liability.

NEITHER PAJAMAS NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, THE SERVICES, OR THE MATERIALS ON THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF PAJAMAS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER PAJAMAS NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES, THIRD PARTY SERVICE PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR MORE THAN AN AGGREGATE AMOUNT OF FIFTY DOLLARS ($50.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

14.             Term and Termination. These Terms of Use commence upon the date you first use the Site and/or the Services and continue until terminated. PAJAMAS may terminate these Terms of Use and your license and your access to the Services with cause or without cause, effective immediately with or without prior notice to you. Upon termination you shall immediately cease to access the Site and the Services and use any Materials or content obtained through your use of the Services.

You may terminate (cancel) your subscription under paragraph 6.

We may immediately terminate or suspend your access to the Site and Services and remove any material (including User Content) from the Site or our servers, in the event that you breach this Member Agreement. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason whatsoever. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. PAJAMAS is not liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, We will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.

No refund will be given in the event We terminate the Site or the Services, or your access thereto in the middle of a subscription period. However, upon termination, no further fees will be due or collected.

Any suspension, termination or cancellation will not affect your obligations to Us under Sections: 9, 10, 12, 13, 15 and 16 of this Member Agreement, or other Sections which by their sense and context are intended to survive such suspension, termination or cancellation.

 

15.             Third Party IP rights. PAJAMAS respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied on the site in a way that constitutes copyright infringement and appears on our Site or through the Services, please provide our copyright agent with the following information:

a.       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

b.      a description of the copyrighted work that you claim has been infringed;

c.       a description of where the material that you claim is infringing is located on the Site;

d.      your address, telephone number, and email address;

e.       a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

f.        a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our Copyright Agent for notice of claims of copyright infringement on its website is Nina Yablok who can be reached as follows:

Attention: Nina Yablok

By mail: 1313 N Milpitas Blvd. Suite 139, Milpitas, CA 95035

By email: nina@yablok.com

 

16.             General. Pajamas Media controls and operates this Site from its headquarters in the State of California in the United States and makes no representation that the Content are appropriate or will be available for use in locations other than the United States. If you use this Site from outside California or the United States, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Materials. These Terms of Use will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms of Use or in connection with this Site only in the federal and state courts located in Los Angeles County, California. The United Nations Convention on the International Sale of Goods and the Uniform Computer Information Transactions Act are hereby expressly excluded from application to this Terms of Use. If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of PAJAMAS to enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by PAJAMAS in writing.

These Terms of Use comprise the entire agreement between you and PAJAMAS and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. We may discontinue or change the Services, or their availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement.

 

Copyright Pajamas Media® 2010. All Rights Reserved.