{"id":23542,"date":"2021-07-26T17:20:40","date_gmt":"2021-07-27T00:20:40","guid":{"rendered":"https:\/\/jonbenson.com\/?page_id=23542"},"modified":"2021-08-24T22:11:45","modified_gmt":"2021-08-25T05:11:45","slug":"terms","status":"publish","type":"page","link":"https:\/\/jonbenson.com\/terms\/","title":{"rendered":"Terms & Conditions V2"},"content":{"rendered":"\t\t
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Terms of Service<\/h2>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Date Effective: November, 2016<\/p>

General<\/b><\/p>

This website, together with the programs and services offered thereon (the \u201cSite\u201d), is owned and operated by Digital Publisher, LLC (\u201cJon Benson\u201d \u201cwe\u201d or \u201cus\u201d). By using the Site, you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, our Refund Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Jon Benson. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service.<\/p>

We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.<\/p>

Intellectual Property Rights<\/b><\/p>

Our Limited License to You.<\/b>\u00a0This Site and all the materials available on the Site are the property of us and\/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and\/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.<\/p>

Your License to Us.<\/b>\u00a0By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and\/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.<\/p>

You acknowledge and agree that any contributions originally created by you for us shall be deemed a \u201cwork made for hire\u201d when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended.\u00a0\u00a0<\/span>As such, the copyrights in those works shall belong to JON BENSON from their creation.\u00a0\u00a0<\/span>Thus, JON BENSON shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as JON BENSON determines.\u00a0\u00a0<\/span>In the event that any of the results and proceeds of your submissions hereunder are not deemed a \u201cwork made for hire\u201d under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to JON BENSON all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.<\/p>

You acknowledge that JON BENSON has the right but not the obligation to use and display any postings or contributions of any kind and that JON BENSON may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.<\/p>

Limitations on Linking and Framing.<\/b>\u00a0You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.<\/p>

License to Programs and Services<\/b><\/p>

You acknowledge that the Site includes a platform with an algorithm and processes in the nature of a software program (the \u201cApplication\u201d).\u00a0\u00a0<\/span>This Application is licensed, not sold, to you by JON BENSON.<\/p>

License Grant.\u00a0<\/b>JON BENSON grants You are revocable, non-exclusive, non-transferable, limited right to install and use the Application on a single device owned and controlled by You, and to access and use the Application on such device strictly in accordance with the terms and conditions of this license, the Terms of Service, Privacy Policy and any service agreement associated with your device (collectively \u201cRelated Agreements\u201d).<\/p>

Restrictions on Use.\u00a0\u00a0<\/span><\/b>You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of JON BENSON or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purposes for which it is not designed or intended; (f) install, use or permit the Application to exist on more than one device at a time or on any other mobile device or computer; (g) distribute the Application to multiple devices; (h) make the Application available over a network or other environment permitting access or use by multiple devices or users at the same time; (i) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by JON BENSON; (j) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; or (k) use any proprietary information or interfaces of JON BENSON or other intellectual property of JON BENSON in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.<\/p>

Rights to Application.\u00a0\u00a0<\/span><\/b>You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of JON BENSON.\u00a0\u00a0<\/span>Furthermore, you acknowledge and agree that the source and object code of the Applications and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of JON BENSON and its affiliates, licensors and suppliers.\u00a0\u00a0<\/span>Except as expressly stated in this license, you are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted in this License are hereby reserved and retained by JON BENSON.<\/p>

Consent to Use Information.\u00a0\u00a0<\/span><\/b>You hereby authorize and consent to the collection, storage and use, by JON BENSON and its affiliated, partners and agents, of any information and data related to or derived from your use of the Application, and any information or data that you provide to JON BENSON and its affiliates, partners and licensors (\u201cInformation\u201d).\u00a0\u00a0<\/span>Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information or data, in an aggregate (not user level) form:\u00a0\u00a0<\/span>search requests, patterns, data and suggestions based on user actions.\u00a0\u00a0<\/span>Notwithstanding the foregoing, you shall not provide or disclose and the Information shall not include any information or data that is personally identifiable to you.\u00a0\u00a0<\/span>The Information will be treated as being non-confidential and nonproprietary, and JON BENSON assumes no obligation to protect confidential or proprietary information (other than personally identifiable information, other than as set forth in our Privacy Policy [INSERT LINK]) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction,\u00a0\u00a0<\/span>we will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such information.<\/p>

Privacy Policy.<\/b>\u00a0\u00a0<\/span>You represent that you shall comply with the terms and conditions of the JON BENSON Privacy Policy [INSERT LINK], which sets forth and describes the practices of JON BENSON with respect to the collection, use and disclosure of Information in connection with your use of the Application.\u00a0\u00a0<\/span>JON BENSON reserves the right to change the provisions of its Privacy Policy at any time and from time to time at its sole discretion. JON BENSON will post any changes to its Privacy Policy at the web address set forth in the preamble to this License.\u00a0\u00a0<\/span>Your use of the Application following the posting of such changes to the Privacy Policy will constitute your acceptance of any such changes.<\/p>

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Disclaimers<\/b><\/p>

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.<\/p>

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not JON BENSON. Neither JON BENSON nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, JON BENSON neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized JON BENSON representative while acting in his\/her official capacity.<\/p>

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY JON BENSON AND ANY THIRD-PARTY SITES ARE PROVIDED \u201cAS IS\u201d AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.<\/p>

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.<\/p>

You agree at all times to defend, indemnify and hold harmless JON BENSON its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant\u00a0\u00a0<\/span>set forth herein.<\/b><\/p>

Online Commerce<\/b><\/p>

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant\u2019s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and\/or any additional terms and conditions that may apply, visit that merchant\u2019s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.<\/p>

Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that JON BENSON shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.<\/p>

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party\u2019s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party\u2019s personal information.<\/p>

Interactive Features<\/b><\/p>

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user \u2013 you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:<\/p>