Legal Agreement These Terms are a legal agreement between Just Koz Entertainment and Bridgeway Entertainment (collectively, “we,” “us” or “our”) and you, and they contain important information regarding your legal rights, remedies and obligations. By accessing, browsing or otherwise using the Sites, you: (i) acknowledge that you have read, understand, and agree, on your own behalf and/or on behalf of your children, to be bound by these Terms and that you agree to comply with all applicable laws, rules and regulations with respect to your use of the Sites; and (ii) represent that you are an adult and have the legal capacity to enter into contracts in the jurisdiction where you reside. If you do not agree to these Terms, you may not access, browse or use the Sites, and you should discontinue these activities immediately.
Ownership Dave Koz and/or Just Koz Entertainment, its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees (collectively, the “TN Parties”) are the exclusive owners or licensees of all content and materials on the Sites (the “Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Sites. The trademarks and service-marks Dave Koz®, Dave Koz (Stylized/Signature logo)®, Dave Koz Cruise (Stylized/Signature logo)® are the exclusive property of Dave Koz. Unauthorized use of any of the Dave Koz Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with Dave Koz, or her approval or sponsorship of the user’s products or services, or that is likely to dilute any of the Dave Koz Marks is strictly prohibited by law. All other trade names, trademarks and service marks that appear on the Sites are the property of their respective owners. You do not acquire any ownership interests in any Site Content or Dave Koz Marks by accessing, browsing or otherwise using the Sites. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Dave Koz Marks or Site Content.
Your Content You may access, browse and use the Sites and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device. Certain features of the Sites may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Sites (“Your Content”). Do not post, upload, transmit or submit to the Sites any of Your Content that you did not create or that you do not have express written permission to post. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (ii), and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (iii) grant to us and the TN Parties a worldwide, nonexclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we or the TN Parties may choose and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party; and (iv) agree to indemnify and hold us and the TN Parties harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Sites, Your Content or its posting on, or submission to, the Sites, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we and/or the TN Parties reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Sites at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Sites, or through the Sites’ services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features on the Sites or restrict your access to part or all of the features or services on the Sites without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
Prohibited Conduct You warrant and agree that, while accessing or using the Sites, you will not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Sites, or otherwise affiliated with us;
- use an inappropriate username or screen name;
- insert your own or a third party’s advertising, branding or other promotional content into any Site Content;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Sites through any means, including through means not intentionally made publicly available or provided through the Sites;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information from or through the Sites, including, without limitation, any information residing on any server or database connected to the Sites;
- use the Sites or any of their features and services in any manner that could interrupt, damage, disable, overburden or impair the Sites or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending mass unsolicited messages or “flooding” servers;
- use the Sites or any of their services in violation of our or intellectual property or other proprietary or legal rights or the rights of any third party;
- use the Sites or any of their services in violation of any applicable law;
- attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Sites or any of their services; or
- post, transmit, publish or otherwise disseminate through the Sites any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation in any way; or (iii) is harmful to children in any manner.
Links to Third-Party Websites The Sites contain links to websites of third parties and advertisements of third-party products and services. If you use these links, you will leave the Sites. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
Linking to the Sites You agree that if you include a link from any website to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Sites. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Sites, or any page of the Sites, to be “framed”, surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Sites be discontinued and removed and revoke your right to link to the Sites.
Disclaimers We administer, control and operate the Sites from our offices in the State of California, United States of America. The Sites are accessible world-wide; however, some of their features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Sites and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Sites may not be legal in your jurisdiction. If you choose to access, browse or use the Sites, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Sites to any person and geographic area. Any offer for any feature or function made on the Sites is void where prohibited. The Sites provide information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Sites. Some content on these Sites is provided by the users of the Sites. With the exception of the limited license granted to us in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such content provided by users. We also do not independently verify the representations and warranties made by the users with respect to such content. THE SITES AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. NEITHER WE NOR THE TN PARTIES WARRANT THAT THE SITES OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITES AT YOUR OWN RISK. WE AND THE TN PARTIES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITES OR YOUR DOWNLOADING OF ANY CONTENT ON THE SITES. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITES.
Limitation of Liability EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE OR THE TN PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR INABILITY TO USE THE SITES, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law. IN NO EVENT SHALL WE OR THE TN PARTIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR OR THE TN PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITES OR FOR ANY OF YOUR ACTIVITIES ON THE SITES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
Modifications We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Sites at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Sites, or (ii) distribution of the revisions by electronic mail. Your continued use of the Sites after the effective date of the revisions signifies your acceptance of any such revisions. We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Sites, including, without limitation, Your Account and/or Your User Information.
Assignment You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law and Jurisdiction You agree that the laws of the United States of America and the laws of the State of California, without regard to the principles of conflicts of laws, will govern these Terms, your use of the Sites, and all matters relating to your access to, and/or use of, the Sites, including all disputes between you and us. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Los Angeles County, California, and the related appellate courts, in any related action or proceeding.