Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Jan & Frank Day Foundation, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
- Responsibility of Contributors. If you post material to janandfrankdayfoundation.org, post links on janandfrankdayfoundation.org, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using janandfrankdayfoundation.org, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to Jan & Frank Day Foundation for inclusion on your website, you grant Jan & Frank Day Foundation a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license allows Jan & Frank Day Foundation to make publicly-posted content available to third parties selected by Jan & Frank Day Foundation so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Jan & Frank Day Foundation will use reasonable efforts to remove it from janandfrankdayfoundation.org, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Jan & Frank Day Foundation has the right (though not the obligation) to, in Jan & Frank Day Foundation's sole discretion, (i) refuse or remove any content that, in Jan & Frank Day Foundation’s reasonable opinion, violates any Jan & Frank Day Foundation policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of janandfrankdayfoundation.org to any individual or entity for any reason.
2. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which janandfrankdayfoundation.org links, and that link to janandfrankdayfoundation.org. Jan & Frank Day Foundation does not have any control over those non-janandfrankdayfoundation.org websites, and is not responsible for their contents or their use. By linking to a non- janandfrankdayfoundation.org website, Jan & Frank Day Foundation does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Jan & Frank Day Foundation disclaims any responsibility for any harm resulting from your use of non-janandfrankdayfoundation.org websites and webpages.
3. Copyright Infringement and DMCA Policy
As Jan & Frank Day Foundation asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by janandfrankdayfoundation.org violates your copyright, you are encouraged to notify Jan & Frank Day Foundation. Jan & Frank Day Foundation will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
4. Intellectual Property
This Agreement does not transfer from Jan & Frank Day Foundation to you any Jan & Frank Day Foundation or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Jan & Frank Day Foundation. Jan & Frank Day Foundation, janandfrankdayfoundation.org, the Jan & Frank Day Foundation logo, and all other trademarks, service marks, graphics and logos used in connection with janandfrankdayfoundation.org or our Services, are trademarks or registered trademarks of Jan & Frank Day Foundation or Jan & Frank Day Foundation’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Jan & Frank Day Foundation or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will post said changes on this page. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Jan & Frank Day Foundation may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your janandfrankdayfoundation.org account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties.
Our Services are provided “as is.” Jan & Frank Day Foundation and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Jan & Frank Day Foundation nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
8. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles, California.
9. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Los Angeles, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
10. Limitation of Liability.
In no event will Jan & Frank Day Foundation, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Jan & Frank Day Foundation shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
11. General Representation and Warranty.
12. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Jan & Frank Day Foundation reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Jan & Frank Day Foundation, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Jan & Frank Day Foundation and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Jan & Frank Day Foundation, or by the posting by Jan & Frank Day Foundation of a revised version.