JPFreek Adventure Magazine (“JPFreek” “we,” or “us”) provides its web site, JPFreek, located at http://www.jpfreek.com/ (together with the digital magazine, all other websites and services operated by or on behalf of JPFreek, the “Site”), to you, an individual user (“you”) for your individual usage, subject to compliance with the terms and conditions set forth herein.
By submitting Content to the JPFreek Field Reporter Program (the “Program”), you affirm that you are over the age of 18, as the Program is not intended for children under 18.
2. Changes to the TOU
We reserve the right at any time to:
Change the terms and conditions of the TOU;
Change the Site, including eliminating or discontinuing any content or feature of the Site; or
Impose conditions for use of the Site or parts thereof (with reasonable notice).
JPFreek may modify the Site and Program at any time without prior notice, and you accept those modifications if you continue to use the Site. You should check the Site frequently to see recent changes.
3. Overview of Submitting Content
The Site permits the submission of Content by users of the Site, including without limitation comments, photographs, and items for our Field Reporter Program, and including from those who give permission to JPFreek to post their Content (“User Submissions”) and the hosting, sharing and publishing of such User Submissions on the Site.
With any posted Content through the Field Reporter Program, JPFreek reserves the right to remove content that violates one of the following principles, as determined by JPFreek, at our discretion:
No copyright infringement
No plagiarism. This includes posting content verbatim from other sources without proper attribution and/or repurposing content from other sources and presenting it without reference to the content’s creator.
No impersonation of others in a manner that is intended to or does mislead or confuse others.
No use for unlawful purposes or for promotion of dangerous and illegal activities.
Without derogating from the above, JPFreek editors, at their discretion, may refrain from posting or remove User Submissions that violate these standards or which are otherwise inappropriate. These standards are designed to ensure that the dialogue on the Site is credible, responsible, intelligent and informative.
If an author has a business relationship with a company named in an article that he or she has authored, that relationship must be fully and accurately disclosed.
If you have any comments on our policies, or complaints or concerns of any kind about any posts, please contact us at firstname.lastname@example.org. We will review all of the information that you communicate to us, but we may not be able to take action or respond directly to each email.
4. User Submissions; Online Rules of Conduct
The Site permits the submission of Content by users of the Site, including without limitation comments, articles, photographs, links, and items for our JPFreek Field Reporter section, and including from those who give permission to JPFreek to post their Content (“User Submissions”) and the hosting, sharing and publishing of such User Submissions on the Site.
When you post any User Submission on the Site or give JPFreek permission to post your Content, you agree to:
Automatically grant JPFreek a royalty-free, perpetual, worldwide, irrevocable, non-exclusive and fully transferable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any User Submission (in whole or in part) and/or to incorporate any of your User Submission in other works now or in the future and in any media formats and through any media channels, and you confirm and warrant to JPFreek that you own the copyright in each of your User Submissions and have all the rights, power and authority necessary to grant the above license and rights.
JPFreek will use commercially reasonable efforts to attribute material User Submissions to the author.
When you post any User Submission on the Site, you also agree to abide by the following disclosure rules:
Abide by the following conflict of interest rule: You will disclose any material relationships with companies whose product or service you write about in a User Submission or parties that stand to gain in any way from the viewpoint you are outlining. Examples: You must disclose if you are employed by a company whose product or service you are writing about; perform services for a company you write about; receive paid advertising revenue or any other form of sponsorship fee from a company you write about.
Waive any and all rights against JPFreek and hold JPFreek harmless in connection with any claims relating to any action taken by JPFreek as part of its investigation of a suspected violation or result of its conclusion that a violation of these TOU has occurred, including but not limited to the removal of User Submission from the Site or a suspension or termination of your access to the Site.
You agree not to:
Post or transmit any Content that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any Content you post.
Post or transmit any Content that is unlawful, harmful or injurious to others, contains software viruses, or other harmful computer code, files or programs, threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise tortious or objectionable.
Post or transmit any Content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
In your Content, impersonate any person or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity.
Post or transmit any Content which, either the act of posting or the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship.
Post or transmit any non-public or otherwise restricted, confidential or proprietary information without authorization.
Violate any local, state, national or international law, regulation or order of any court.
5. Responsibility for User Submission
Each individual who submits a User Submission, whether published on the Site or not, is solely responsible for her or his own acts, including the content, context or information in the User Submission he or she submits. This means that each individual, and not JPFreek, is entirely responsible for anything and everything she or he submits to the Site.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce these TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of JPFreek, its users, yourself or the public.
7. Limitation of Liability
NEITHER JPFREEK NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH JPFREEK. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO JPFREEK FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; (c) your violation of the rights of any third party, or (d) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
You understand and agree that JPFreek may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
10. Copyright Policy
JPFreek respects the intellectual property of others, and we ask our users to do the same. JPFreek may, in appropriate circumstances and at its discretion, terminate the access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
10.1: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
10.2: 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;
10.3: a description of where the material that you claim is infringing is located on the site, including the URL;
10.4: your address, telephone number, and email address;
10.5: 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
10.6: 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.
JPFreek’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Judging of all entries will be conducted by the editors of JPFreek. Monthly winning stories will be announced via JPFreek media channels as soon as reasonably possible after the first of the following month.
JPFreek will notify the winner(s) via the contact information provided at the time of entry; JPFreek may disqualify anyone who fails to respond to the notification within five business days.
The contest is void where prohibited or restricted by law. JPFreek reserves the right to cancel the contest or modify these rules at its discretion. In the event of a dispute regarding the winners, JPFreek reserves the right to award or not award the prizes in its sole discretion. JPFreek reserves the right to disqualify any entrant whose entry or conduct appears in any way to: inhibit the enjoyment of others; tamper with the program; violate these rules and/or TOU; infringe on the rights of third parties; or act in an unsportsmanlike or disruptive manner. Decisions of JPFreek are final.
Please do not contact us about the status of submissions or judging, inquiries will not be answered.
Prizes: JPFreek will award three monthly prizes, as follows:
Grand Prize: one (1) $50 gift certificate from www.extremeterrain.com
2nd and 3rd place prizes: one (1)JPFreek T-shirt and a one (1) sticker each
One prize per person; winners may receive additional non-cash prizes and JPFreek may award other prizes in a given month at our discretion. Winners will be responsible for paying any taxes they may owe on a prize.