Submission Page
Step 1: Terms and Conditions
Step 2: Tell us about yourself and your work
Step 3: Upload the files
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Below are the terms that govern your submission of certain content to
Jupitermedia Corporation's Java Boutique Web site (the "Site"). We ask
that you read the following terms of use (the "Agreement") with
Jupitermedia Corporation (“JUPM”) carefully, and proceed with your content
upload only if all the terms are acceptable.
BY CONTINUING WITH YOUR CONTENT UPLOAD, YOU ARE STATING THAT YOU ARE AT LEAST 18
YEARS OF AGE, THAT YOU ARE ELIGIBLE TO USE THIS SERVICE, AND THAT YOU AGREE TO
BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT.
GENERAL
By submitting your applet, program or content ("Content") to the Site,
you agree to these terms andconditions. JUPM reserves the right, in its
discretion, to change or modify all or any part of this Agreement at any time,
effective immediately upon publishing such changes or modifications in these
Terms of Use. JUPM further reserves the right to terminate your use of the Site
at anytime for any reason at its sole discretion without notice to you. If you
do not agree, you should not submit the Content to this Site.
THE CONTENT
By submitting the Content to the Site, you represent that you have the full
right to send us the Content and that sending us the Content for publication on
the Site will not violate or infringe the rights of any third person, including
but not limited to, rights in copyrights, patents, trademarks, trade secrets or
other proprietary rights. You also represent and understand that you are not
receiving any compensation from the Site for the Content you are submitting. You
further understand that submission of any Content to the Site does not in any
way guarantee the Content will appear on the Site. By submitting the Content to
the Site, you grant to JUPM the following rights to the Content: (i) the
non-exclusive, worldwide, royalty free, perpetual, non-revocable license and
right to electronically publish and distribute the Content in all versions of
the Site, and any Web site of the JupiterWeb network, in any language and the
right to translate and electronically publish and distribute the Content to
other Internet sites under license or contract with JUPM; (ii) the right to
create derivative works from the Content, the right to include the Content in
advertising and promotion, and the right to sub-license, reproduce, resell, and
redistribute the Content, and any derivative works thereof, to third parties in
any medium and anywhere in the world without compensation to you.
Finally, JUPM may edit, modify, or delete the Content at any time, without any
notice to you.
YOU REPRESENT AND WARRANT TO JUPM THAT:
You are the sole author or permitted licensee of the Content and have the full
power and authority, free of any rights of any nature whatsoever by any other
person, to enter into this Agreement and to grant the rights, which are being
granted by this Agreement.
You have not removed any copyright or other ownership notice from the Content.
The Content does not and if published on the Site, will not infringe the rights
of any third party, at common law or otherwise, including but not limited to,
rights in copyrights, patents, trademarks, trade secrets or other proprietary
rights. You acknowledge and agree that content, including but not limited to
text, software, music, sound, photographs, graphics, video, page layout and
design or other material contained in the Site or information presented through
the Site by JUPM or JUPM's advertisers is protected by their copyrights,
trademarks, service marks, patents, or other proprietary rights and laws. You
acknowledge and agree that JUPM can display images and text throughout the Site,
including the insertion of sponsor messages into messages distributed on the
Site.
YOU FURTHER REPRESENT THAT YOU WILL:
Make certain any hypertext links within the Content are active and working,
obtain any necessary approvals, and make certain that such linking does not
violate any copyrights, patents, trademarks, trade secrets or other proprietary
rights.
Not make any statement that you know, or should have reason to know is
untruthful and/or unlawful.
Not submit any Content that is defamatory, libelous, obscene, in violation of
any law, or contains any viruses, "worms", "trojan horses"
or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;
Not post files or information used to circumvent manufacturer-installed
copy-protect devices, including serial or registration numbers for software
programs;
Not upload, post, email or otherwise transmit any Content that you do not have a
right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
INDEMNIFICATION
You agree to indemnify, defend and hold harmless JUPM, its subsidiaries,
affiliates, officers, and employees from any loss, liability, claim, demand,
damage, or expenses (including reasonable attorney's fees and costs) asserted by
any third party due to or arising from or in connection with your use of,
conduct on, or submissions to the Site. JUPM reserves the right, at its own
expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, which shall not excuse your indemnity
obligations.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR ANY THREATENING, DEFAMATORY,
OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF
ANOTHER'S RIGHTS, SHALL JUPM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE
THE SITE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SITE, OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR
OTHER INTANGIBLES, EVEN IF JUPM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with the laws
of the State of Connecticut, USA applicable to agreements made and to be
performed in Connecticut, USA. You agree that any legal action or proceeding
between JUPM and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in Connecticut, USA, County of Fairfield.
JUPM's failure to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision or right.
JUPM may assign its rights and duties under this Agreement to any party at any
time without notice to you.
By submitting the Content to the Site, you represent that you have read
Jupitermedia Corporation’s Legal Notices, including Jupitermedia Corporation
Web Site User Agreement, and Privacy Policy, available on the Site and
incorporated herein by reference, and that you agree to be bound by all the
terms therein.
BY UPLOADING CONTENT TO THE SITE, I STATE THAT I HAVE READ AND
UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.
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