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Junction by CJ Affiliate Terms of Use

Junction by CJ Affiliate Terms of Use


Welcome to the Junction by CJ Affiliate (the "Junction”). The Junction is made available by Commission Junction LLC, a Conversant company (“CJ”) to provide and exchange industry information, news, and the like. The terms "you," "your," and "yours" refer to you, the visitor.

Although CJ values your opinion and welcomes your comments, please remember that your access to, and use of the Junction is subject to these Junction by CJ Affiliate Terms of Use (the “Junction Terms of Use”) and all applicable laws, rules, and regulations. If you disagree with any of the terms herein, CJ does not grant you a license to use the Junction and you should promptly cease using the Junction in any manner.

In the event of any inconsistency between these Junction Terms of Use, any documents incorporated by reference, or any other agreement between you and CJ, for the Junction purposes only, these Junction Terms of Use control unless otherwise determined by CJ.

CJ reserves the right to update and change, from time-to-time, these Junction Terms of Use without notice to you and your continued use of the Junction after such change(s) constitutes your acceptance of such change(s).

CJ reserves the right to: (a) remove any comment or content, in whole or in part, or prevent you from accessing the Junction that in CJ’s sole discretion violates these Junction Terms of Use or otherwise causes CJ concern; (b) suspend or terminate your right to use, access, or post on the Junction; (c) investigate and take legal action against anyone who, in CJ’s sole discretion, violates the restrictions set forth in these Junction Terms of Use; and/or (d) modify or discontinue, temporarily or permanently, all or part of the Junction without notice and will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Junction.

Licenses and Uses. 
CJ may allow you and other third parties to post comments, as it so determines. All comments posted to the Junction must be topical. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Junction are those of the respective authors or producers and not of CJ, or its shareholders, directors, officers, or employees. CJ does not control the content posted by third parties via the Junction, and, as such, CJ does not guarantee the accuracy, integrity or quality of such content. It is your responsibility to evaluate the information, opinion, advice, or other content available.

Subject to these Junction Terms of Use, CJ grants you a limited, non-exclusive, non-transferable non-commercial, revocable license to use the Junction for your personal use and not to promote a business, service or other commercial venture or event, or otherwise use the Junction for commercial purposes, except as approved and in connection with a direct CJ relationship, and not for the benefit of any CJ competitor, as determined by CJ. Any unauthorized commercial use of the Junction is expressly prohibited. You are not authorized to use any of CJ’s trade names, trademarks, service marks, logos, domain names, and/or other distinctive brand features without CJ’s written consent. Except for your pre-existing rights and the license expressly granted to you herein, CJ retains all right, title, and interest in and to the Junction, including but not limited to, all related intellectual property rights. The Junction is protected by applicable intellectual property laws, including United States copyright law and international treaties and laws, as applicable.

By posting on the Junction, you grant CJ a perpetual, worldwide, fully transferable, irrevocable, non-exclusive, royalty-free license to use, publish, broadcast, reproduce, modify, create derivative works from, distribute and display the content posted on the Junction in any manner and for any purpose whatsoever, including, but not limited to, developing and marketing products, and creating, modifying or improving the Junction and our products and services.

Restrictions.

You will not, and will not encourage anyone to use the Junction to:

- Post or transmit any material that is unrelated to the Junction subject matter;

- Violate any applicable laws, guidelines, rules or regulations;

- Violate any right of any person, including but not limited to intellectual property rights, rights of privacy, rights of personality, any third party rights;

- Post offensive language;

- Post or transmit any material containing nudity, violence, or otherwise offensive subject matter;

- Discuss or promote illegal activity;

- Post sexually explicit images;

- Post or transmit any material, including but not limited to text, photos, images, and screenshots that you do not have the right to transmit under applicable law, including copyright, trademark, trade secret or securities laws, or in violation of your obligations to any third party;

- Sell, rent, lease, or sublicense your access to the Junction to another person;

- Circumvent or disable any digital rights management, usage rules, or other security features of the Junction;

- Threaten the integrity, performance, or availability of the Junction or otherwise impact the stability of CJ servers or related technology;

- Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;

- Defame, abuse, harass, stalk, or threaten others;

- Post photographs of another person without such person’s written consent;

- Promote information that you know to be false, misleading, inaccurate or incomplete;

- Engage in or facilitate the transmission of unsolicited mass mailing, or “spamming”; or

- Expose CJ or any third party to any viruses, worms, defects, Trojan horses, spyware, adware or other malicious programs or code of a destructive nature.

Links and Third Party Content. 
The Junction may contain links to third party products, services, and websites. CJ exercises no control over the third party products, services, or other materials on or available from such sites or resources and is not responsible for their performance, does not endorse them, and is not responsible or liable for any content, advertising, or other materials available through the third party products, services, and websites. CJ shall not be responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party products, services, and websites.

Privacy.
Information posted to the Junction will be handled in accordance with the CJ Privacy Policy at: http://www.conversantmedia.com/legal/privacy. Any other material you transmit will be treated as non-confidential and non-proprietary.

Indemnification.
You agree to defend, indemnify and hold CJ, and its affiliates, officers, directors, employees, agents, successors and assigns, harmless from any claim or demand (including reasonable attorney’s fees and costs), made by any third party arising out of (i) any content posted by you on the Junction, (ii) your violation of the intellectual property rights of others or any applicable law, rule, or regulation, or (iii) your violation of these Junction Terms of Use.

Disclaimer of Any Warranty.
Your use of the Junction and Junction content is at your sole risk.

CJ DOES NOT REPRESENT OR WARRANT THAT THE JUNCTION AND JUNCTION CONTENT ARE FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS, OR ARE RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID.

THE JUNCTION AND JUNCTION CONTENT ARE PROVIDED "AS IS" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, AND CJ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO: (A) MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THAT ITS SECURITY METHODS WILL BE SUFFICIENT; OR (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE VISITOR. 

Limitation of Liability.
CJ SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE JUNCTION OR JUNCTION CONTENT, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL CJ BE LIABLE TO YOU FOR ANY AMOUNTS.

Exclusions and Limitations.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE DISCLAIMER OF ANY WARRANTY SECTION AND LIMITATION OF LIABILITY SECTION ABOVE MAY NOT APPLY TO YOU.

General.
Relationship of the Parties.  For all purposes of these Junction Terms of Use, you and CJ shall be and act independently and not as partner, joint venture, agent, employee or employer of the other. You shall not have any authority to assume or create any obligation for or on behalf of CJ, express or implied, and you shall not attempt to bind CJ to any contract.

Location of Lawsuit and Choice of Law.  These Junction Terms of Use and the relationship between you and CJ shall be governed by the laws of the State of Texas without respect to choice of law rules and the parties hereby consent to exclusive jurisdiction and venue in the United States District Court for the Northern District of Texas, Dallas Division, or the District Courts of Dallas County, Texas, and all applicable appellate courts.

Force Majeure.  CJ shall not be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond its reasonable control, including but not limited to electrical outages, failure of Internet service providers, default due to Internet disruption (including without limitation denial of service attacks), riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.

Severability/Waiver. If any provision of these Junction Terms of Use is held by any court of competent jurisdiction to be illegal, null or void or against public policy, you nevertheless agree that the court should endeavor to give effect to CJ’s intentions as reflected in the provision and the remaining provisions of these Junction Terms of Use shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the parties' stated intentions. The waiver of any breach of any provision by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.

Entire Agreement, Assignment and Amendment. These Junction Terms of Use contain the entire understanding and agreement of the parties in regards to your use of the Junction. You may not assign your right to use the Junction without the prior express written permission of CJ.

Notices. All notices relating to the Junction and Junction content shall be sent to CJ, in writing by overnight mail or facsimile, to Commission Junction LLC, a Conversant company, Attn: Legal Affairs, 30699 Russell Ranch Road, Suite 250, Westlake Village, CA 91362, (805) 730-8007.

Binding Effect; Drafter. These Junction Terms of Use shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Each party agrees that it has had the opportunity to review these Junction Terms of Use with an attorney and neither party shall be considered the drafter.

Survival. The rights and obligations of the parties under these Junction Terms of Use that by their nature and context are intended to survive the termination or expiration of these Junction Terms of Use shall survive.

Headings.  The section headings and subheadings contained in these Junction Terms of Use are included for convenience only, and shall not limit or otherwise affect the terms of these Junction Terms of Use.

© 2017 Commission Junction LLC. All rights reserved.

Proprietary Information

Posted on: February 6, 2017