JLIN, LLC (either “we” or “us”) welcomes you to our website located at www.jlin7.com (the “Site”). The following terms and conditions (“Terms”) govern your use of the Site. Please read this document carefully because by accessing or using the Site you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site or our services.
By accessing and using the Site, you agree: (i) that you will comply with all applicable local, state, national, and international laws and regulations that govern your use of the Site; (ii) not to disrupt or interfere with the security or accessibility of the Site or any services offered in connection with the Site; (iii) not to transmit any obscene or otherwise offensive content, viruses or other harmful files, or any type of unsolicited mass email through or in connection with the Site; (iv) to provide truthful and accurate information about your identity if you choose to register on the Site; and (v) not to attempt to gain unauthorized access to the Site.
Ownership of Intellectual Property
All content published on the Site (the “Contents”) is protected by applicable intellectual property laws and is owned or licensed by us. The information provided by the Site is intended for personal, noncommercial use. We grant you a limited right to access and use the Site. You may not modify, create a derivative work, display, distribute, perform publicly, or in any way exploit, in whole or in part, any of the content or software contained on, or comprising, the Site without seeking prior written permission from us. You are also restricted from using any automated device or manual process to copy, monitor, index or data mine the Site.
Our trademarks and those used under license from Jeremy Lin, including by not limited to JLIN, JEREMY LIN, and LINSANITY, and the graphics and layout of the Site are the registered or unregistered trademarks and/or copyrights of Jeremy Lin or JLIN, LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, product names, and company names or logos mentioned on the Site are the property of their respective owners.
The Site will allow visitors to submit content to the site and, at some point in the future, may include a blog. If you choose, you may post content to the Site, as permitted by the Site. You may not submit any content that is obscene, defamatory, harassing, threatening, pornographic, illegal, or would violate the rights of others. By submitting content to the Site, you expressly grant us a worldwide, non-exclusive, royalty-free, irrevocable license to publish, modify, reproduce, display, distribute, and use such content for any purpose without further notice or consent and you waive any moral rights you may have in any such content. By submitting content for publication on the Site, you warrant that you have all rights in and to the content you submit or that you have express authorization from the copyright owner to do so. We may use e-mail validation to reduce “comment spam.” We do not guarantee the accuracy of any information or opinions provided by the blog and reserve the right, in our sole discretion, to modify or remove any content from the blog at any time and for any reason.
You are granted a limited, revocable, non-exclusive right to create a hyperlink to the Site on the condition that the link does not portray Jeremy Lin or JLIN, LLC in a false, misleading, derogatory or otherwise defamatory manner.
Indemnification / Disclaimer of Warranties and Liability
You agree to indemnify and hold JLIN, LLC and its officers, agents, employees, partners and licensors and JEREMY LIN harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post, transmit or otherwise make available through the Site, your access or use of the Site, your violation of these Terms, or your violation of any rights of a third party.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED BY THE SITE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE PROVIDE NO WARRANTY WITH RESPECT TO THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, OR RELIABILITY OF THE SITE OR THE CONTENT PROVIDED THEREON.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, LOST PROFITS OR OTHER DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR LOSS OF THE DATA CONTAINED WITHIN THE SITE. IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
DMCA Policy – Copyright Claims
We respect the intellectual property rights of others. If you believe that the Site contains material that infringes on a copyright you own, you may file a Notification of Claimed Infringement (“Notification”) with our designated DMCA agent as specified below:
Pamela M. Deese, Esq.
Attn: DMCA Agent – jlin7.com
Arent Fox LLP
1050 Connecticut Avenue, NW
Washington, DC 20036-5339
To be effective under the DMCA, the Notification must be a written communication sent to our designated agent and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to be infringed;
- Identification of the material that is claimed to be infringing in sufficient detail for us to be able to identify the claimed infringing material;
- Contact information for the complaining party, such as an address, telephone number, and email address;
- A statement that the complaining party has a good faith belief that use of the material in the manner identified is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
Upon receipt of a Notification from a copyright owner that contains the required information described above, we will remove or disable access to the material contained on the Site that is alleged to be infringing.
These Terms shall be governed in accordance with the laws of the State of California, without regard to its conflict of law provisions. By accessing or using the Site, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within Northern District of the State of California for resolution of any disputes arising out of or relating to these Terms or your use of the Site.
We reserve the right, in its sole discretion, to terminate or block your access to the Site at any time and without notice, for any reason.
No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
Waiver & Severability
Any failure by us to exercise or enforce any right under these Terms shall not constitute a waiver of such right. If any portion of these Terms is held to be unenforceable, that portion shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions contained herein.
If you have any questions about these Terms, please contact us by e-mail at firstname.lastname@example.org or write to us:
c/o Patricia Sun
3790 El Camino Real, # 194
Palo Alto, CA 94306
Changes to this Policy
We reserve the right, at any time and without notice, to update or modify these Terms, the Site, or the services offered by us in connection with the Site by posting such change, update or modification on the Site. Any such update or modification will be effective immediately upon posting. Your continued access or use of the Site and/or any services provided in connection with the Site will confirm your acceptance of any modifications to these Terms.
Effective Date: July 1, 2012
Information We Collect
We collect two types of information about you when you visit the Site: personally identifiable information (such as, your name, address, telephone number, e-mail address, credit card number, and any other information about you that is not otherwise publicly available), and non-personally identifiable information (such as information regarding the pages on our site you have visited and your IP address).
1. Personally Identifiable Information
The only personally identifying information that we collect and store about you is the information that you have chosen to provide to us. For example, if you make a purchase through our online store or sign-up for our email newsletter, we, or a third-party fulfillment partner such as PayPal, may collect your name, address, e-mail address, credit card number and other personal information so that we can process your request. In addition, if you send us an e-mail requesting information about us or otherwise ask us a question, we may collect your name, address, e-mail address and other personal information so that we can respond to your request or question.
At some point in the future, we may allow you to register for an account through the Site. If you choose to register on the Site, we will ask for information about you such as your name, email address, and other information. The information we request for registration purposes may change from time to time.
2. Non-Personally Identifiable Information
We may collect and use non-personally identifiable information about you in the following ways:
Cookies - Some parts of this Site website may use a “cookie” – a file placed on your computer hard drive allowing our server to log the pages accessed in the Site to determine if you have visited before. Cookies will not collect or store personally identifying information. You may set your browser to warn you when placement of a cookie is requested, and decide whether or not to accept it. Please note that by rejecting a cookie some of the features available on the Site may not function properly.
Clear gifs – The Site may use “clear gifs” or “web beacons” – transparent graphic images (usually 1 pixel x 1 pixel) that are placed on a site used to measure the actions of visitors to a webpage containing the clear gif – to allow us to understand how visitors interact with the Site.
Referrers – The Site may use referrers – information a web browser passes along to our web server that identifies the last URL you visited.
IP Address – The Site may collect the IP Address – a number used by computers on a network to identify your computer so that data can be transmitted to you – of individuals who visit the Site. The Site may collect IP address information to administer the Site and gather broad demographic information.
Environmental Variables – The Site may collect additional information about your visit to the site including, among other things, the domain from which you access the Internet, the time you accessed the website, the type of web browser and operating system or platform used, the Internet address or the website you left to visit the website, the pages you visit while at the website, and the Internet address of the website you subsequently visit.
Special Policy Regarding Information from Children Under Thirteen
The Site is not targeted to children under the age of 13, and we do not knowingly collect personally identifiable information from any child under the age of 13 without parental consent. When we receive such information, we delete it as soon as we discover it and do not use it or share it with third parties.
Sharing Your Information with Third Parties
1. Disclosure of Information by Us
It is not our policy to rent, sell, or share your personally identifiable information with nonaffiliated third parties except to provide products or services you have requested or when we have your permission. However, we reserve the right to share your personally identifiable information under certain circumstances as described in this Policy or as otherwise agreed by you. If, in the future, we decide to share personally identifiable information with third parties, we will offer a means to opt-out of having your personally identifiable information shared with third parties who are not involved with the fulfillment of our products or services that you have requested. Note, we will never share any financial information you provide us with third parties without your express consent.
We may share your personally identifiable information with third parties, such as credit card processing companies, in order to fulfill your request or otherwise complete a service requested by you. For example, if you purchase a product from us, we will request certain personally identifiable information from you on our order form. You must provide contact information (such as your name, email, and shipping address) and financial information (such as credit card number and expiration date). We or a third party fulfillment vendor will use this information for billing purposes and to fill your orders. If we have trouble processing an order, we will use this information to contact you.
We reserve the right to share your personally identifiable information with our affiliates, strategic partners, agents, third-party marketers or other unaffiliated parties who are offering products or services that we think may be of interest to you.
In the event that we announce voluntary promotional programs, such as sweepstakes and contests, participation in these promotions may require you to share personal information with us. This information may be shared with external third parties for the purpose of the administration, operation, or fulfillment of the promotion. If you do not want your information to be disclosed to third parties, you may decline participation in these optional promotions.
We may offer a “tell-a-friend” feature through the Site. This feature will allow a Site visitor to send an email inviting a friend to visit the Site. We will only collect the friend’s email address and the sender’s full name for the sole purpose of sending a one-time email to the provided email address. The friend may contact us at email@example.com to opt-out from receiving any further “tell-a-friend” e-mails from us.
We may share your personally and non-personally identifiable information with third parties that help manage our website.
We may use your personally identifiable information to customize the advertising and content you see on the Site and improve our products and services and to share non-personally identifiable data in aggregate form for auditing, marketing and other purposes.
We may use your non-personally identifiable information to analyze trends, to administer the Site, to track users’ movements around the Site, and to gather demographic information about visitors to the Site as a whole.
In the unlikely event that all or substantially all of our assets are sold or transferred to another party, your personally identifiable information may be transferred to this acquiring entity.
We also reserve the right to disclose your personally identifiable and non-personally identifiable information if we reasonably believe we are required to do so by law; to protect our self or to protect the rights of another user; to reduce the risk of credit or other kind of fraud; or to comply with a court order.
2. Blog/User-Generated Comments
At some point in the future, the Site may include a blog and you may be able to post comments to individual blog posts. Any information published by you will pass through and be stored upon one or more of our servers and may be accessed by us for the purposes of Site maintenance, policing comments posted to the blog, or for research and development of the Site. If you believe a comment posted to a blog violates your privacy, you may report the same to us by e-mailing us for investigation at firstname.lastname@example.org.
Third Party Links
We respect your right to control how your personally identifiable information is used and provide you with options regarding the use of your information. You may choose not to provide us with any personally identifiable information. You may also set your browser not to accept cookies. If you would like us to remove you from our on-line mailing list, please contact us at email@example.com. You may contact us at firstname.lastname@example.org to request a copy of the personally identifiable information we have collected about you and to correct any inaccuracies. If you do not want us to share your personally identifiable information with any third parties, with the exception of those involved with the fulfillment of products or services that you have requested, please send an e-mail to email@example.com.
At some point in the future, we may allow you to create an account on the Site which will allow you to edit the personally identifiable information we have collected about you and to modify your preferences, including your email preferences. However, we reserve the right to send you certain communications relating to the Site, such as service announcements and administrative messages that are considered part of your account, without offering you the opportunity to opt out of receiving them.
We take reasonable security measures to protect user information under our control against loss, misuse, or alteration. Except as otherwise stated in this Policy, access to your personally identifiable information is limited to only those employees and third parties with a specific need to retrieve such information.
JLIN, LLC disclaims, and you agree, that JLIN, LLC will not be liable to you for any damages caused by acts or events beyond our reasonable control including, without limitation, acts of God, fires, floods, acts of terrorism, wars, civil disturbances, sabotage, accidents, labor disputes, governmental actions, and failures or delays of transportation that result in our disclosure of your personally identifiable information.
International Transfer of Information
JLIN, LLC may transfer your personally identifiable information from your country or jurisdiction of residence to another country or jurisdiction. If you are visiting the Site from outside of the United States, please note that the United States may not have the same data protection laws as your country. By providing your personally identifiable information to JLIN, LLC, you consent to: (i) the use of your personally identifiable information for the uses described in this Policy; and (ii) the transfer of your personally identifiable information to the United States.
If you have any questions about this Policy, or if you are California resident and would like to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes, please contact us by e-mail at firstname.lastname@example.org or write to us:
c/o Patricia Sun
3790 El Camino Real, # 194
Palo Alto, CA 94306
Notification of Changes
We reserve the right, at any time and without notice, to update or modify this Policy, the Site, or any services offered in connection with the Site by posting such change, update or modification on the Site. Any such update or modification will be effective immediately upon posting. If we materially change how we use your personally identifiable information, we will notify you via e-mail.
Effective Date: March ____, 2012