Welcome to Just Between Friends™,
an internet-based suite of services that keep you connected to your
family, your friends and the organizations to which you belong. The
network and services provided by Just Between Friends™
(“JBF Services”) are owned and operated by Just Between
Friends, Inc. (“We”, “Us” or “JBF”),
whose general offices are located at 1910 Cochran Rd, Suite 600, Pittsburgh,
Pennsylvania 15220, and are hosted on JBF’s web site,
www.justbetweenfriends.com and other affiliated web sites
(the
“Site”). When you register to become a member of JBF,
and each time you view, access or otherwise use the Site, you (“You”,
“Your” or “Member”) agree to be bound by all
applicable laws and these Terms of Use (“Terms of Use” or
“Agreement”). If you are using Just Between Friends ™
on behalf of an organization, company or other legal entity, such
entity may have a separate agreement with Us, but You are
nevertheless individually bound by these Terms of Use. Please
read this document carefully and print or save a copy for your
reference. It contains important information regarding your legal
rights, obligations and remedies. If you do not agree to be
bound by all applicable laws and by this Agreement, you should leave
the Site and immediately discontinue using JBF Services.
- Computer Equipment and Internet Services.
You are
responsible for obtaining, installing, maintaining and operating all
software, hardware and other equipment (collectively “Systems”)
that are necessary for You to connect to the Site and use JBF
Services. This responsibility includes, without limitation,
obtaining Internet services from a service provider of Your choice
and the payment of all fees and communications charges imposed
thereon, and obtaining commercially available anti-virus,
anti-spyware and Internet security software to protect Your Systems.
You acknowledge that there are certain risks associated with the use
of open networks such as the Internet. You further acknowledge that
You have made an independent assessment of such risks, and the
operation and security of Your Systems, and that You are satisfied
with that assessment. JBF is not responsible for any errors or
problems that arise from the failure or malfunction of the Internet
or Your Systems, or for providing You with any upgrades, fixes,
enhancements, or technical or other support for Your Systems.
- Eligibility and Membership.
A person or organization that
has registered to become a member of JBF is eligible to access and
use JBF Services. You represent and warrant to JBF that (a) the
information provided by You is accurate and complete; (b) You are 13
years of age or older; (c) You do not have more than one account with
JBF at any given time; and (d) the use of JBF Services by You does
not violate any applicable law or regulation. JBF has the right to
discontinue Your membership at any time, with or without prior
notice, and without any liability, if We believe that You are in
breach of any part of this Agreement, or for any other reason in the
discretion of JBF. Registration to become a member of JBF or to use
JBF Services is void where prohibited by law.
- Account Security.
When You register to become a member of
JBF, You will receive a personal Username and a Password
(collectively “Member Identification”) in order to
access Your account with JBF. You may not sell, trade or otherwise
transfer Your Member Identification, or provide or disclose it, to
any other person. You are not permitted to access or use the Site
with the Member Identification another member. You are solely
responsible to protect the confidentiality of Your Member
Identification and Your account. If You authorize another person to
use Your Member Identification to access the Site, You assume the
responsibility for any and all activities and transactions performed
as a result of such disclosure, and You will be liable for all
losses and damages caused thereby. JBF is not responsible to You or
any third party for any damage or loss resulting from the theft or
unauthorized use of Your Member Identification. If You believe
someone has used Your Member Identification without Your permission,
or if You become aware of any other breach of security involving
Your account, You must immediately notify Us in writing
using this web link
, or you may contact Us
by mail at the following address
Security Department
Just Between Friends, Inc.
Manor Oak One, Suite 600
1910 Cochran Road
Pittsburgh, Pennsylvania 15220
- Use of Site.
On the condition that You comply with all
of Your obligations described in this Agreement, We hereby grant You
a limited, revocable, non-exclusive, non-assignable and
non-sublicensable right to access and use the Site and JBF Services.
We grant You no other rights, express or implied.
- Member Content.
- Your privacy is very important to us. Any information that We
collect from You, and any information or other materials, including
e-mail messages, that You choose to publish, upload, display,
transmit or share with others (“post”) on the Site
(collectively “Member Content”) will be used by Us
strictly in accordance with our Privacy Statement, the terms and
conditions of which are incorporated into this Agreement.
You can view our Privacy Statement
here.
- We do not claim ownership rights in connection with Your Member
Content. You retain full ownership rights and any intellectual
property or other proprietary rights associated with Your Member
Content, subject to the rights that You grant to Us in this
Agreement.
- By posting Member Content to any part of the Site, You represent
and warrant to Us, to the best of Your knowledge, that such content
is accurate, is not confidential, and was not acquired by You or
posted on or through the Site in violation of any contractual
restrictions or any patent, copyright, trademark or other
intellectual property rights of any third person. You also grant to
Us a limited right and license to copy, modify, publicly perform,
publicly display, reformat, reproduce, distribute, prepare
derivative works of, incorporate into other works, and otherwise
use Your Member Content, in whole or in part, on the Site and in
connection with JBF Services. The license that You grant to JBF in
accordance with this paragraph is fully-paid and royalty-free (you
are not entitled to any compensation for the content that you post),
perpetual, irrevocable, worldwide, non-exclusive (you may still
license your Member Content to third parties), transferable and
fully sub-licensable.
- You may remove Your Member Content from the Site at any time,
and when You do so this limited license will expire, except that,
JBF shall have the right to keep and use a copy of the Member
Content if We believe in good faith that such preservation and
access is reasonably necessary (i) to satisfy any applicable law,
regulation, legal process or government request; (ii) to enforce
this Agreement, including the investigation of potential violations;
(iii) to detect, prevent or otherwise address security, fraud or
technical issues; (iv) for legitimate business purposes, such as
analysis of aggregated, non-personally-identifiable data, or account
recovery; (v) and/or to protect the rights, property or safety of
Us, our members, our partners, or the public. All retained
information will continue to be subject to the terms of the Privacy
Statement in effect at the time of Your request.
- You are solely responsible for any Member Content that You post
on the Site or that You transmit to other members through JBF
Services. You understand and agree that We have the right, but not
the obligation, to review or monitor Member Content on the Site. We
may, with or without notice, refuse to post, reject, delete or
remove any Member Content from the Site, at any time, for any reason
or for no reason, including the posting of Member Content that We
determine, in our sole and absolute discretion, to be illegal,
offensive or inappropriate in any respect, or which may subject Us,
our members, our partners, or the public to any harm or liability of
any type. By way of example and not limitation, You may not post
any Member Content containing material or information that:
- is libelous, defamatory, discriminatory, intimidating,
harassing, vulgar, obscene or sexually explicit, or contains a link
to an adult website
- infringes upon any patent, copyright, trademark, trade
secret or other intellectual property right of any person or entity
- promotes illegal substances or any criminal activity or
enterprise, advocates violence, or threatens the health or safety of
any person or entity
- misrepresents or impersonates any person, or falsely
states Your age or identity, or Your current or past affiliation
with a person or organization
- includes unsolicited or unauthorized advertising,
commercial or promotional materials, including junk mail, spam,
chain letters, contests, sweepstakes, pyramid schemes and similar
forms of solicitation
- contains viruses, spyware, bots, worms or other
malicious code or software that is intended to disrupt or limit the
functionality of computer and telecommunications equipment
- You are responsible for payment of any and all fees, royalties,
taxes or other sums that may become due as a result of any Member
Content that You post on the Site or through JBF Services.
- Restricted Conduct.
You may not use the Site or JBF
Services to do or perform any of the following: (a) violate, or
solicit or encourage the violation, of any local, state, federal or
international law or regulation; (b) stalk, harass, threaten or harm
any user or member; (c) collect or store usernames, passwords, email
addresses and/or personal information by electronic or other means
for the purpose of sending unsolicited communications to members;
(d) attempt to gain unauthorized access to our database or our
computer systems and networks, or engage in any activity that is
intended to circumvent or modify our security technology or
software; (e) use any high volume, automated or electronic means,
including without limitation, robots, spiders, scripts, and other
automated devices, to access the Site, or to monitor or copy our
webpages or Site Content; (f) participate in or otherwise support
any schemes or programs that are designed or intended to harm the
performance or functionality of our network, the Site or JBF
Services; and/or (g) post or attempt to post any Member Content that We
determine to be illegal, offensive or inappropriate, in accordance
with Paragraph 5(E). If You engage in any such activities in
connection with Your use of the Site or JBF Services, We reserve the
right to investigate and take any action that We deem to be
necessary and appropriate including, without limitation, terminating
Your JBF membership or restricting Your access to the Site, limiting
the number of connections You may have with other members, and
prohibiting You from contacting other members through JBF Services.
In appropriate cases, We will also provide federal, state and local
law enforcement authorities with such assistance as We deem
necessary in order to protect the Site and its visitors, customers
and members, JBF and its parents, subsidiaries, affiliates, and
their respective members, directors, officers, employees, agents,
partners and operational providers.
- Modification.
We reserve the right to enhance, update,
improve, modify, change replace or discontinue any functional or
operational components of the Site and/or JBF Services, in whole or
in part, at any time, at our sole discretion, with or without notice
to You. We also reserve the right to modify this Agreement from time
to time, effective upon posting on the Site. Your continued use of
the Site and JBF Services after We post a revised Agreement on the
Site signifies Your acceptance of the terms and conditions of the
revised Agreement. It is therefore important for You to review
this Agreement on a regular basis and inform yourself of any
changes.
- Third Party Services.
You will have access on the Site
and through JBF Services to links to third-party web sites or
locations (“Third-Party Sites”) and to text, graphics,
pictures, designs, music, sound, video, information, and other
content or items belonging to or originating from third-parties
(“Third-Party Content”). Inclusion of links to such
Third-Party Sites and Third-Party Content does not signify our
approval or endorsement of the third-party, its web site, content,
or the products or services offered by such third party. If You
decide to leave the Site and access a Third-Party Site, You do so at
Your own risk. We do not control or review, and cannot be
responsible for, Third-Party Sites or Content. You should be aware
that our Terms of Use and Privacy Statement no longer apply on
Third-Party Sites. You should review the applicable terms and
policies of such third-party, including its privacy and
data-gathering practices, before navigating away from the Site. If
You should decide to purchase or acquire products or services from
such third-party, any transaction that You enter into will be
strictly between You and the third-party provider.
- Intellectual Property Rights.
Except for Your Member
Content, all of the content available on the Site and through JBF
Services, including without limitation, all of the images, graphics,
text, button icons, pictures, video, music, data, files,
information, hardware, software, applications, and the collection,
compilation and assembly of the foregoing (collectively the “Site
Content”) is the proprietary property of JBF and/or its
licensors. You may not copy, download, reproduce, distribute,
publish, incorporate into another database or compilation, or
create derivative works from, any Site Content, in whole or in part,
without our express written permission. You may download or print a
copy of the information and content that We provide on any web page
on the Site to which You have properly gained access, but only for
Your personal and non-commercial use, and provided that You keep all
copyright or other proprietary notices intact. You may not modify,
adapt, edit, decompile, disassemble, reverse engineer or otherwise
attempt to derive the source code for any software or programs that
We use in connection with the Site or JBF Services. Any use of Site
Content, except in accordance with the provisions of this Agreement,
is strictly prohibited and may result in the termination of Your
access to the Site and JBF Services. Unauthorized use of Site
Content may also constitute a violation of the copyright, trademark
and/or other laws and regulations in the United States and other
countries relating to the protection of intellectual property
rights, and may subject You to civil and criminal penalties. We
reserve all rights that are not expressly granted herein.
- Copyright Policy.
We respect the intellectual property
rights of others, and We expect You to do the same. You may not
upload, embed, email, post, or otherwise transmit on the Site or
through JBF Services any material that infringes upon the patent,
copyright, trademark, trade secret or other proprietary rights of
any other person or entity. When We receive proper notification of
infringement, We promptly remove or disable access to the allegedly
infringing material. We process all claims for infringement in
accordance with the Digital Millennium Copyright Act, 17 U.S.C.
Section 512(c)(3). We have the right to terminate the accounts of
repeat infringers. If You believe that Your work has been copied in
a way that constitutes copyright infringement, or if You believe
that Your intellectual property rights have otherwise been violated,
please send notification to our Copyright Agent with all of the
following information:
- Identify the copyrighted work or intellectual property that You
claim has been infringed. Multiple copyrighted works may be included
in a single notification if you provide Us with a representative
list of such works.
- Identify the location on the Site or JBF Services that contains
the allegedly infringing material. It is important for You to
provide reasonably sufficient information so that We can locate the
material. Providing the URL of the allegedly infringing material
satisfies this requirement.
- A statement by You declaring, under penalty of perjury, that (a)
You have a good faith belief that the disputed use is not authorized
by the copyright owner, its agent, or the law; (b) the information
contained in Your Notice is accurate; and (c) You are the copyright
owner or You are authorized to act on behalf of the copyright owner.
- Your address, telephone number, and email address, and the
physical or electronic signature of the copyright owner or the
person authorized to act on behalf of the copyright owner.
You may submit Your notification of claimed infringement to our Copyright
Agent electronically by using
this web link,
or by mail at the following address:
Privacy Statement Agent
Just Between Friends, Inc.
Manor Oak One, Suite 600
1910 Cochran Road
Pittsburgh, Pennsylvania 15220
- Disputes With Members.
You are solely responsible for
Your activities and interactions with other members in connection
with the Site or JBF Services, whether on-line or off-line. We
reserve the right, but shall have no obligation, to monitor such
activities or interactions, or to become involved in any capacity in
any dispute between You and others. In the event that You have a
dispute of any kind with another user or member, You hereby release
Us, and our officers, employees, agents and successors of and from
any and all such claims, actions, causes of action, demands, loss,
liability and damages, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way related to
such dispute and/or the use of the Site and JBF Services.
- Disputes With Us.
This Agreement shall be governed by
and construed in accordance with the laws of the Commonwealth of
Pennsylvania, without regard to its conflicts of law rules. Any
claim or controversy arising out of or relating to this Agreement or
the provision of JBF Services shall be settled by binding
arbitration in accordance with the commercial arbitration rules of
the American Arbitration Association. Any such claim or controversy
shall be arbitrated on an individual basis, and shall not be
consolidated in any arbitration with any claim or controversy of any
other party. The arbitration shall be conducted in Allegheny County,
Pennsylvania, and judgment on the arbitration award may be entered
in any court having jurisdiction thereof.
- Termination.
Either party may terminate this Agreement
for any reason, with or without cause, at any time, and effective
immediately upon written notice to the other party. We will not be
liable to You or any third party for termination of use of the Site
or JBF Services. In the event of the termination of this Agreement
for any reason, the provisions of Paragraphs 9 through 17 shall
survive and continue to be binding upon, and inure to the benefit
of, the parties hereto and their respective heirs, legal
representatives, successors and assigns.
- Indemnification.
You agree to indemnify and hold Us, and
our subsidiaries, parent and affiliates, and their respective
members, directors, officers, employees, agents, partners and
operational providers, harmless from any loss, claim, liability,
demand, damages, costs and expenses, including reasonable attorneys
fees, arising out of or in connection with (a) Your use of the Site
or JBF Services in violation of this Agreement; and/or (b) any
breach of Your representations and warranties contained in this
Agreement; and/or (c) Your conduct in connection with the Site or
JBF Services, or with other members or users of the Site or JBF
Services; and/or (d) any Member Content that You post on the Site or
through JBF Services that causes Us to be liable to another person
or entity.
- Disclaimers.
- The Site and JBF Services may be temporarily unavailable from
time to time for maintenance or other reasons, and We will not be
liable for any error, omission, interruption, delay, failure,
malfunction or other problem resulting therefrom.
- We are not responsible and shall not be liable in any manner for
any error, omission, interruption, delay, failure, malfunction or
other problem caused, directly or indirectly, by any user, member or
third-party, or other extraneous source, including without
limitation: (i) the failure or malfunction of telephone networks or
services, communication lines, internet service providers, computer
systems, servers, computer equipment, and third-party software; (ii)
the introduction of viruses or other harmful components; (iii) the
theft, destruction or alteration of, or unauthorized access to, user
communications; (iv) traffic congestion on the Internet, or at any
Internet site, or a combination thereof; and (v) fire, flood, war,
strike, riot, labor disturbance, emergency, natural disaster, act of
God, or any other cause or circumstance that is reasonably beyond
our control.
- We are not responsible and shall not be liable for any Member
Content that may be posted, transmitted, utilized or shared on or
through the Site or JBF Services including, without limitation, any
offensive, inappropriate, obscene, unlawful or otherwise
objectionable materials. We are not responsible and shall not be
liable in any manner for the conduct of any member or user of the
Site, whether online or offline.
- We make no representation or warranty that the content of any
materials that are posted on the Site or that are available through
JBF Services are accurate, complete, reliable, current or
error-free, or that the Site or JBF Services are free of viruses or
other harmful components.
THE SITE, JBF SERVICES, RELATED APPLICATIONS AND SITE CONTENT ARE
PROVIDED TO YOU "AS-IS" AND WITHOUT ANY WARRANTIES OF ANY
KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
- Limitation of Liability.
We are not responsible under
any circumstances for any loss or damage to any person(s), including
personal injury or death, or for any loss or damage to any property,
whether real or personal, tangible or intangible (including loss of
data or content) resulting from anyone’s use of the Site or
JBF Services in any manner or for any purpose, including without
limitation, by uploading or downloading data or materials or any
Member Content, or by using any applications, software or content
that may be posted on the Site or available through JBF Services or
transmitted to members or users, or by any interactions between or
among members or users of the Site, whether online or offline.
IN NO EVENT WILL WE BE LIABLE TO YOU, OR TO ANY OTHER PERSON OR
ENTITY, FOR DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES (AND INCLUDING WITHOUT
LIMITATION, LOSS OF REVENUE OR PROFIT, LOSS OF USE OR DATA, BUSINESS
INTERRUPTION, AND THE CLAIMS OF THIRD PARTIES), EVEN IF WE ARE AWARE
OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the limitation or exclusion of
certain damages, and so the foregoing provision may not apply to
You.
- Miscellaneous.
This Agreement constitutes the entire
understanding and agreement between You and Us regarding the use of
the Site and JBF Services, and supersedes all prior understandings
and agreements. Our failure exercise or enforce any provision of
this Agreement or any right that We may have under this Agreement
shall not be construed as a waiver of such provision or right, or
prevent Us from exercising or enforcing such provision or right in
the future. This Agreement shall operate to the fullest extent of
the law. If any clause or provision of this Agreement shall be
adjudged invalid or unenforceable by any arbitrator, court of
competent jurisdiction or by operation of any applicable law, it
shall not affect the validity of any other clause or provision which
shall remain in full force and effect. Each of the provisions of
this Agreement shall be enforceable independently of any other
provision and independently of any other claim or cause of action.