Terms of Service

Introduction

  1. Please read these Terms of Service carefully as they are the legal terms and conditions that you agree to when you use the online services provided to you by Joe Unchained through joeunchained.com (collectively, the "Service").

1. Your Acceptance

  1. By using or visiting the joeunchained.com website or any Joe Unchained products, software, data feeds and services provided to you on, from or through the joeunchained.com website (collectively the "Service") you signify your agreement to (1) these terms and conditions (the "Terms of Service") and (2) the Joe Unchained Privacy Policy, found at https://joeunchained.com/pages/privacy_policy and incorporated herein by reference. If you do not agree to any of these terms or the Joe Unchained Privacy Policy, please do not use the Service.
  2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version at https://joeunchained.com/pages/terms_of_service .
    Joe Unchained may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.

2. Service

  1. These Terms of Service apply to all uses of the Service, including users who participate in the interactive features on, access through, or contribute to the Service. The Service includes all aspects of Joe Unchained, including but not limited to all products, software and services offered via the joeunchained.com website, such as the the Joe Unchained "Community", the Joe Unchained "Recordings", and other applications.
  2. The Service may contain links to, or content from, third parties or third party websites that are not owned or controlled by Joe Unchained. Joe Unchained has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites. In addition, Joe Unchained will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Joe Unchained from any and all liability arising from your use of any third-party website, or third party content.
  3. Joe Unchained uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Joe Unchained. Every reasonable step will be taken by Joe Unchained to minimize such disruption where it is within the reasonable control of Joe Unchained. You agree that Joe Unchained shall not be liable to you for any modification, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the Joe Unchained service for any reason and without notice at any time.

3. Joe Unchained Accounts

  1. In order to access some features of the Service, you will have to create a Joe Unchained account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Joe Unchained immediately of any breach of security or unauthorized use of your account.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete.
  4. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
  5. Although Joe Unchained will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Joe Unchained or others due to such unauthorized use.
  6. When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You must notify Joe Unchained immediately of any unauthorized use of your password or if you believe that your password is no longer confidential. We reserve the right to require you to alter your password if we believe that your password is no longer secure.

4. General Use of the Service — Permissions and Restrictions

Joe Unchained hereby grants you permission to access and use the Service as set forth in these Terms of Service provided that:

  1. You agree not to distribute in any medium any part of the Service or the Content without Joe Unchained's prior written authorization, unless Joe Unchained specifically makes available the means for such distribution through functionality offered by the Service.
  2. You agree not to alter or modify any part of the Service.
  3. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, or other explicitly authorized means Joe Unchained may designate.
  4. You agree not to use the Service for any of the following commercial uses unless you obtain Joe Unchained's prior written approval:
    • the sale of access to the Service;
    • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
    • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service.
  5. Prohibited commercial uses do not include: any use that Joe Unchained expressly authorizes in writing.
  6. You agree not to use or launch any automated system, including without limitation, "robots", "spiders", or "offline readers", that accesse the Service in a manner that sends more request messages to the Joe Unchained servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
  7. In your use of the Service, you will comply with all applicable laws.
  8. Joe Unchained reserves the right to discontinue any aspect of the Service at any time.

5. Your Use of Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

  1. The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to Joe Unchained, or are owned by third parties and their products and services and are subject to copyright and other intellectual property rights under the law. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Joe Unchained or any third party with respect to any such image, logo or name.
  2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a "download" similar link displayed by Joe Unchained on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Joe Unchained or the respective licensors of the Content. Joe Unchained and its licensors reserve all rights not expressly granted in and to the Service and the Content.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
  4. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Joe Unchained is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Joe Unchained with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Joe Unchained, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.

6. Your Content and Conduct

  1. As a Joe Unchained account holder you may submit user comments to the "Community" or other parts of the page. You understand that Joe Unchained does not guarantee any confidentiality with respect to any Content you submit.
  2. Joe Unchained reserves the right to review, edit, delete or refuse to post any user comments or content posted to the site.
  3. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Joe Unchained, you hereby grant Joe Unchained a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and the Joe Unchained (and its successor and affiliate) businesses.
  4. You further agree that you will not submit to the Service any Content or other material that is contrary to the Joe Unchained Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
  5. Joe Unchained does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Joe Unchained expressly disclaims any and all liability in connection with Content. Joe Unchained does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Joe Unchained will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Joe Unchained reserves the right to remove Content without prior notice.

7. Account Termination Policy

  1. Joe Unchained will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to have violated the Terms of Service.
  2. Account holder may terminate their subscription to the Joe Unchained Services at any time at the account holder’s discretion. Joe Unchained Services subscriptions are period based. The termination will become effective at the end of the currently paid period. There are no cancellation charges for terminating a subscription.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Joe Unchained, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. Joe Unchained MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

10. Limitations of Liability

IN NO EVENT SHALL Joe Unchained, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Joe Unchained SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Service is controlled and offered by Joe Unchained from its facilities in the United States of America. Joe Unchained makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Joe Unchained, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

12. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

13. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Joe Unchained without restriction.

14. General

You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Joe Unchained, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Joe Unchained that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at https://joeunchained.com/pages/privacy_policy and any other legal notices published by Joe Unchained on the Service, shall constitute the entire agreement between you and Joe Unchained concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Joe Unchained's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Joe Unchained reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Joe Unchained AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


Dated: September 21, 2012