Terms & Conditions
1. Your Acceptance
BY USING OR VISITING THIS WEBSITE (together with all Content available through
the Journey2Work.com domain name and other sites owned, operated or controlled by Journey2Work, the "Website"), OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT
TO (1) THESE TERMS AND CONDITIONS (the "Terms & Conditions"), AND (2) JOURNEY2WORK'S
PRIVACY
POLICY at www.Journey2Work.com/PrivacyPolicy.aspx.
These Terms & Conditions apply to all users of the Website.
If you do not agree to these Terms & Conditions, the Privacy Policy, then please do not use
the Website.
2. Links
The Website may contain links to third party websites that are not owned or controlled
by Journey2Work. Journey2Work is not affiliated with those websites, has no control over,
and assumes no responsibility for, the content, privacy policies, or practices of
any third party websites. In addition, Journey2Work will not and cannot censor or edit
the content of any third-party site. By using the Website, you expressly release Journey2Work from any and all liability arising from your use of any third-party website.
Accordingly, we encourage you to be aware when you have left the Website and to
read the terms and conditions and privacy policy of each other website that you
visit.
3. Website Access
- Journey2Work hereby grants you permission to use the Website, provided that:
(i) your use of the Website is solely for your personal, noncommercial use;
(ii) you will not copy, distribute or modify any part of the Website without Journey2Work's
prior written authorisation; (iii) you will not send unsolicited
or unauthorized advertisements, spam, chain letters, etc., (iv) you will not
transmit any Content which contains software viruses, or other harmful computer
code, files or programs; (v) you will not disrupt servers or networks connected
to the Website; and (vi) you comply with these Terms & Conditions.
- In order to access some features of the Website, you will have to create
an 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 Journey2Work immediately of any breach
of security or unauthorized use of your account. You will be liable for any
use made of your account or password and the losses of Journey2Work or others due
to such unauthorized use. Journey2Work will not be liable for your losses caused
by any unauthorized use of your account.
- You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," and "offline readers," that accesses the Website in a manner
that sends more request messages to the Journey2Work 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. Journey2Work grants the operators of public search engines
permission to use spiders to copy materials from the Website for the sole purpose
of creating publicly available searchable indices of the materials, but not
caches or archives of such materials. Journey2Work reserves the right to revoke
these exceptions either generally or in specific cases. You agree not to collect
or harvest any personally identifiable information, including account names
or e-mail addresses, from the Website, nor to use the communication systems
provided by the Website for any commercial solicitation purposes. You agree
not to solicit, for commercial purposes, any users of the Website with respect
to their User Submissions (as defined below).
- Journey2Work has the right to terminate your access to the Website, in its sole
discretion, immediately and with or without cause.
4. Intellectual Property Rights
The content on the Website, including all User Submissions, including without
limitation, the text, software, scripts, graphics, photos, sounds, music, videos
and interactive features ("Content") and the trademarks, service marks and logos
contained therein ("Marks"), are owned by or licensed to Journey2Work. Content on the
Website is provided to you "AS IS" for your information and personal use only and
may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed,
reverse engineered, de-compiled, or otherwise exploited for any other purposes whatsoever
without Journey2Work's
prior written consent. Journey2Work reserves all rights not expressly
granted in and to the Website. If you download or print a copy of the Content for
personal use, you must retain all copyright and other proprietary notices contained
therein. You agree not to circumvent, disable or otherwise interfere with security-related
features of the Website or features that prevent or restrict use or copying of any
Content or enforce limitations on use of the Website.
5. User Submissions
- The Website facilitates the submission of videos or other Content by you
and other users ("User Submissions") and the hosting and publishing of such
User Submissions. You understand that whether or not such User Submissions are
published, Journey2Work
does not guarantee any confidentiality with respect to any
User Submissions. Journey2Work
has complete discretion whether to accept or reject
your User Submission, or to transfer your User Submission from one Journey2Work
program to another program or portion of the Website. You may submit your User
Submissions to the Website.
- You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. You represent and warrant that: (i) you own or
have the necessary rights and permissions to use and authorize Journey2Work to use
all copyright, trademark or other proprietary rights in and to any User Submissions
to enable inclusion and use thereof as contemplated by the Website and these
Terms & Conditions; and (ii) you have the written consent and/or permission of each
and every identifiable individual person in the User Submission to use their
name or likeness as contemplated by the Website and these Terms & Conditions.
- You retain all of your ownership rights in your User Submissions. However,
by submitting the User Submissions to Journey2Work, you hereby grant Journey2Work, in
addition to any other rights which it has pursuant to any other program established
by Journey2Work,
a worldwide, non-exclusive and transferable license to use, copy,
prepare derivative works of (including without limitation, to rename, edit,
shorten, split the videos into different segments, and use the entire video
or segments as part of compilations), display, and perform the User Submissions
in connection with the Website and Journey2Work's
(and its successor's) business,
including without limitation to grant access to the Website to third parties
to view the User Submission (and derivative works thereof). With regard to User
Submissions submitted under a Journey2Work Program or not submitted under any
other special program, you may notify Journey2Work to remove
the User Submission from the Website, and Journey2Work will do so within a reasonable time period, at
which point the foregoing license to Journey2Work will terminate.
- You also hereby grant each user of the Website or other viewer of the User
Submission a non-exclusive right to use, reproduce, distribute, prepare derivative
works of, display and perform such User Submissions, all for non-commercial
and personal use.
- You agree that you will not: (i) submit material that is copyrighted, protected
by trade secret or otherwise subject to third party proprietary rights, including
privacy and publicity rights, unless you are the owner of such rights or have
permission from their rightful owner to post the User Submission and to grant Journey2Work
all of the license rights granted herein; (ii) publish falsehoods or
misrepresentations that could damage Journey2Work or any third party; (iii) submit
material that is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, give rise to civil liability, violate
any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting
the User Submission or misstate your true identity. Journey2Work does not endorse
any User Submission or any opinion, recommendation, or advice expressed therein,
and Journey2Work
expressly disclaims any and all liability in connection with User
Submissions.
- You understand that when using the Website, you will be exposed to User
Submissions from a variety of sources, and that Journey2Work is not responsible
for the accuracy, usefulness, safety, or intellectual property rights of or
relating to such User Submissions. You may be exposed to User Submissions that
are inaccurate, offensive, indecent, or objectionable, and you agree to waive,
and hereby do waive, any legal or equitable rights or remedies you may have
against Journey2Work with respect thereto, and agree to indemnify and hold Journey2Work,
its owners, affiliates, employees, agents and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to your use of the
Website. You acknowledge that access to certain Content which may be available
through the Website and which depict violence, or contain images of nudity,
sexual acts, or other sexual material ("Mature Content") is permitted only if
you are over the minimum age applicable in your jurisdiction (often but not
necessarily 18 or 21).
6. Copyright and Content Policy
Journey2Work respects the intellectual property rights of others, and requests you
to do the same. Journey2Work does not permit copyright infringing activities and infringement
of intellectual property rights on its Website, and Journey2Work
will remove all Content
if properly notified that such Content infringes on another's intellectual property
rights. Journey2Work reserves the right to remove Content without prior notice. Journey2Work
will also terminate a User's access to the Website, if they are determined to be
a repeat infringer. Journey2Work may remove such Content and/or terminate a User's access
for uploading such Content in violation of these Terms & Conditions at any time, without
prior notice and at its sole discretion.
If you believe that your Content has been copied in a way that constitutes copyright
infringement, please provide Journey2Work Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright;
- a description of the copyrighted work that you claim has been infringed,
including the URL (web page address) of the location where the copyrighted work
exists or a copy of the copyrighted work;
- a description of where the material that you claim is infringing is located
on the Website, including the URL;
- your address, telephone number, and email address;
- 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; and
- 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.
Journey2Work Copyright Agent for Notice of claims of copyright infringement can
be reached by using the contact form:
contactUs.aspx
Please also note that under Section 512(f) of the US Copyright Act any person
who knowingly materially misrepresents that material or activity is infringing may
be subject to liability.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, Journey2Work, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND
YOUR USE THEREOF. Journey2Work MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM
YOUR USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
OUR WEBSITE 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
ON OR VIA THE WEBSITE. Journey2Work DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY
FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH
THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND Journey2Work
WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES.
8. Limitation of Liability
IN NO EVENT SHALL Journey2Work, 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) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES
THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING
FROM YOUR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR 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 WEBSITE, (IV) ANY BUGS,
VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR
WEBSITE 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
ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT Journey2Work 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 Journey2Work SHALL NOT BE LIABLE FOR USER SUBMISSIONS
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.
9. Indemnity
You agree to defend, indemnify and hold harmless Journey2Work, its affiliates, and
their respective officers, directors, employees and agents, from and against any
and all claims, damages, obligations, losses, liabilities, costs and expenses (including
but not limited to attorney's fees) arising from: (i) your use of the Website; (ii)
your violation of these Terms & Conditions; (iii) your violation of the terms which apply
to your User Submission; (iv) your violation of any third party right, including
without limitation any copyright, property, publicity or privacy right; or (v) any
claim that one of your User Submissions caused damage to a third party. This defense
and indemnification obligation will survive these Terms & Conditions and your use of the
Website.
10. Ability to Accept Terms & Conditions
You affirm that you are either more than 18 years of age or possess legal parental
or guardian consent to enter into these Terms & Conditions, and to comply with these Terms
of Use. In any case, you affirm that you are over the age of 13, as the Website
is not intended for children under 13. If you are under 13 years of age, then please
do not use the Website-there are lots of other great web sites for you. Talk to
your parents about what sites are appropriate for you.
11. Assignment
These Terms & Conditions, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Journey2Work without restriction.
12. General
You agree that: (i) the Website shall be deemed solely based at its hosting company;
and
(ii) the Website shall be deemed a passive website that does not give rise to personal
jurisdiction over Journey2Work, either specific or general, in jurisdictions other than England. These Terms & Conditions shall be governed by the Englsih Law,
without respect to its conflict of laws principles.
Any claim or dispute between you and Journey2Work that
arises in whole or in part from
the Website or these Terms & Conditions shall be decided exclusively by a
court of competent jurisdiction located in England, UK. These Terms & Conditions,
together with the Privacy Policy and any other legal notices
published by Journey2Work on the Website, shall constitute the entire agreement between
you and Journey2Work concerning the Website. If any provision of these Terms & Conditions
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 & Conditions,
which shall remain in full force and effect. No waiver of any term of this these
Terms & Conditions shall be deemed a further or continuing waiver of such term or any
other term, and a party's failure to assert any right or provision under these Terms
of Use shall not constitute a waiver of such right or provision. Journey2Work reserves
the right to amend these Terms & Conditions at any time and without notice, and it is
your responsibility to review these Terms & Conditions for any changes. Your use of the
Website following any amendment of these Terms & Conditions will signify your assent to
and acceptance of its revised terms. YOU AND Journey2Work
AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE Journey2Work
WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY
BARRED.