Terms and Conditions
Agreement between User and JoanLappin.com
Welcome to JoanLappin.com
JoanLappin.com (the "Website") is owned and operated by Joan Lappin. Joan Lappin is dedicated to providing visitors to JoanLappin.com with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms and Conditions to govern your use of JoanLappin.com, and we, along with our affiliates and advertisers, provide content and services to you subject to the following conditions. Your use of JoanLappin.com tells us you have read and agreed to these Terms and Conditions. Please read them carefully. These Terms and Conditions are a binding contract between you and Joan Lappin, regarding your use of JoanLappin.com. If you do not agree with any of these terms, please exit the Website.
All contents of this Website are: Copyright © 2010 Joan Lappin or third-party content providers and are protected by international copyright law. All rights reserved.
Free Access to the content made available to you on the Website is possible due to the paid advertising that appears on the Website. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on the Website.
All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to this website, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of this website (collectively, the "Content"), are protected under applicable copyrights and other proprietary (included but not limited to intellectual property) rights and are the intellectual property of Joan Lappin and her affiliated companies, licensors and suppliers. Joan Lappin actively protects her rights to the Content to the fullest extent of the law. The copying, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such matters or any part of the website, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms and Conditions
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of Joan Lappin.
Requests to use the Content for any purpose other than as permitted in this paragraph should be directed to firstname.lastname@example.org. In certain cases, you may be able to obtain a license to use individual stories that appear on JoanLappin.com. If we have authorized a third party vendor to grant you a license to any Content, we will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.
Third Party Copyright Notice
JoanLappin.com contains text, photo, graphic, audio and/or video material licensed from several third party content providers ("Third Party Content"). Third Party Content shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither Third Party Content, nor any portion thereof, may be stored in a computer except for personal or non-commercial use. Neither Joan Lappin nor any third party content provider will be liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.
Joan Lappin respects the intellectual property of others. If you believe that any material on this Website infringes your copyright, please provide our agent for copyright issues with the following information: (a) identification of the copyrighted work you believe to be infringed; (b) identification of the material you believe to be infringing and its location; (c) your name, address, telephone number and, if available, email address; (d) a statement that you have a good faith belief that the complained use of the copyrighted work is not authorized by the copyright owner, its agent or the law; and (e) an electronic or manual signature of the copyright owner of someone authorized to submit the statement on the owner’s behalf.
Our agent for copyright issues relating to this Website is as follows:
Joan Lappin, One Columbus Place, New York, NY 10019
We reserve the right to remove from this Website any material alleged to infringe any third party rights pending further investigation.
The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by Joan Lappin and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance, in writing by Joan Lappin.
Links to, Alteration of, and Frames of JoanLappin.com
If you operate a web site and wish to link to JoanLappin.com, you may do so. However, you may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of JoanLappin.com without our express written consent. You may not alter or modify any portion of JoanLappin.com in any way, including but not limited to using any software to suppress or alter the display of advertising on the pages of JoanLappin.com. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through JoanLappin.com, not to insert any code or product or manipulate the content of JoanLappin.com in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of JoanLappin.com.
Membership and Registration
If you become a member of JoanLappin.com, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access JoanLappin.com using your name in whole or in part. JoanLappin.com reserves the right to terminate membership and deny access to the Website to any person who violates these Terms and Conditions.
By placing material on, or communicating with, JoanLappin.com, including for example communication during registration, communication on any JoanLappin.com bulletin board or message or chat area, entering any promotion, or submitting a story, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms and Conditions, and that it will not cause injury to any person or entity. You grant Joan Lappin, and her affiliates and related entities, including JoanLappin.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide in any public or private area of JoanLappin.com, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Joan Lappin to include the information you provide in a searchable format that may be accessed by users of JoanLappin.com and other affiliated web sites. You also grant Joan Lappin and her affiliates and related entities the right to use your name and any other information about you that you provide in connection with the use of the material you provide and with the reproduction or distribution of such material. You also grant Joan Lappin the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that JoanLappin.com does not accept unsolicited materials or ideas for use or publication, except for the "Tell Us Your Story" section. Joan Lappin is not responsible for the similarity of any of her content or programming in any media to materials or ideas transmitted to JoanLappin.com.
Other Specifics About Interactive Areas (Message Boards, Chat Areas, etc.)
JoanLappin.com bulletin boards and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of JoanLappin.com and the volume of messages and postings, JoanLappin.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. JoanLappin.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of JoanLappin.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any Posting Rule will be made by the Website administrator in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our Website. When using JoanLappin.com, please do not post material that:
- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
- violates any right of Joan Lappin or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
- unfairly interferes with any third party's uninterrupted use and enjoyment of JoanLappin.com.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uploads copyrighted or other proprietary material of any kind on JoanLappin.com without the express permission of the owner of that material.
- uses or attempts to use another's account, password, service or system except as expressly permitted by the Terms and Conditions.
- includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
- uploads or transmits viruses or other harmful, disruptive or destructive files.
- disrupts, interferes with, or otherwise harms or violates the security of JoanLappin.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through JoanLappin.com or affiliated or linked sites.
- "flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
Violations of certain of these Posting Rules may be referred to law enforcement authorities. Joan Lappin reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
Joan Lappin is a distributor with regard to content supplied by third-party suppliers and users; therefore, Joan Lappin has no more editorial control over such content than a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users are those of the respective author(s) or distributor(s) and not of Joan Lappin.
Communications with Third Parties Through JoanLappin.com
Your dealings or communications through JoanLappin.com with any party other than Joan Lappin are solely between you and that third party. For example, certain areas of JoanLappin.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Joan Lappin or JoanLappin.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully each third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
Software Available On This Web Site
Any software that is made available to download from this Website ("Software") is the copyrighted work of Joan Lappin' suppliers. Use of the Software is governed by the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.
JoanLappin.com is controlled, operated and administered by Joan Lappin from her offices within the United States. Joan Lappin makes no representation that materials or Content available through JoanLappin.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use JoanLappin.com or export the Content in violation of U.S. export laws and regulations. If you access JoanLappin.com from a location outside the United States, you are responsible for compliance with all local laws.
Joan Lappin respects the privacy of her readers. However, JoanLappin.com does make available for rental its list of those registrants who have expressly provided us with their permission to receive third party information and offers as part of their user profile. Registrants may change their user profile at any time by visiting their profile page.
Joan Lappin has the right, in her discretion, to change, modify, add or remove terms of these Terms and Conditions at any time without notice. Changes shall be effective immediately. You agree to review these Terms and Conditions periodically, because subsequent use by you of this site shall constitute your acceptance of any changes. Joan Lappin shall have the right at any time to change or discontinue any aspect of JoanLappin.com, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
ALL MATERIALS AND SERVICES IN THIS SITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. JOAN LAPPIN AND HER SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY TIME, INCLUDING CHANGES TO THESE TERMS AND CONDITIONS. JOAN LAPPIN AND HER SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. JOAN LAPPIN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USER’S COMPUTER AND OTHER EQUIPMENT.
Use Of This Website Is At Your Own Risk.
This Website may contain advice, opinions, and statements of various information providers and content providers. Joan Lappin does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information provided by any information provider or content provider, any user of this site or any other person or entity. Reliance upon any such opinion, advice, statement, or other information shall also be at your own risk. Neither Joan Lappin nor any of her affiliates, nor any of their respective agents, employees, information providers or content providers shall be liable to any user or anyone else for any inaccuracy, error, omission, interruption, lack of timeliness, incompleteness, deletion, defect, failure of performance, computer virus, communication line failure, alteration of, or use of any Content, regardless of cause, or for any damages resulting therefrom.
Prior to the execution of a purchase or sale of any security or investment, you are advised to consult with your broker or other financial advisor or investment, tax and other professionals as appropriate to verify pricing and other information. Neither Joan Lappin nor her affiliates, information providers or content providers shall have any liability for investment decisions based upon, or the results obtained from, the information provided on or through this Website. Neither Joan Lappin nor her affiliates, information providers or content providers guarantee or warrant the timeliness, sequence, accuracy, or completeness of any such information. Nothing contained in this Website is intended to be, nor shall it be construed as, investment advice.
Limitation of Liability/Indemnity
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JOAN LAPPIN OR ANY OF HER AFFILIATES BE LIABLE FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (A) THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY OF THE CONTENT, (B) ANY RELIANCE ON THE CONTENT, (C) ANY ERRORS, INACCURACIES, OMISSIONS OR DEFECTS IN THE CONTENT OR IN THE FUNCTIONAILITY OF THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) INFORMATION COMMUNICATED THROUGH FORUMS OR MESSAGE BOARDS; OR (F) ANY FAILURE TO PERFORM BY JOANLAPPIN.COM OR ITS CONTENT PROVIDERS. THE FOREGOING WILL APPLY REGARDLESS OF WHETHER JOAN LAPPIN OR JOANLAPPIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT JOAN HAPPIN IS NOT LIABILE FOR THE CONTENT OF ANY USER.
AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, JOAN LAPPIN AND HER SUPPLIERS, THEIR RESPECTIVE AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND ANY AND ALL DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF JOANLAPPIN.COM; (B) JOANLAPPIN.COM'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THESE TERMS AND CONDITIONS; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND (D) ANY VIOLATION OF THESE TERMS AND CONDITIONS BY YOU. If you are dissatisfied with any Joan Lappin material, or with any of Joan Lappin's terms and conditions, your sole and exclusive remedy is to discontinue using the Website.
This agreement between each user and JoanLappin.com (this “Agreement”) shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement has been made in and shall be construed and enforced in accordance with New York State law. Any action to enforce this agreement shall be brought in the federal or state courts located in New York State. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of Joan Lappin to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this Agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to JoanLappin.com, and all other provisions for which survival is equitable or appropriate.
Contact email@example.com with questions or problems with this Website.
Any rights not expressly granted herein are reserved.
© 2010 Joan Lappin