Legal Terms of Service
Last Revised: March 12, 2006
Our Rules that govern Your conduct on MichaelJacksonForum.com can be found here. Together with our other Terms of Service below, these Rules form a legal Agreement of site use ("Service") to which you are bound ("Agreement"). Please read the terms contained in this Agreement carefully. You
can access the current form of this Agreement at any time at http://MichaelJacksonForum.com/?page=terms-of-service-privacy.
You may use the Service for Your personal
use only. "You" are the person who registers to use the
Publisher ("MichaelJacksonForum.com") may modify these terms from time
to time; notice that revisions that have been made will be posted on this page.
Continued access of the Service by You will constitute Your acceptance of any
changes or revisions to the Agreement.
If You breach this Agreement, or
any rules posted at various points in the Service, Publisher may suspend or
terminate Your access to the Service, without notice, and Publisher may obtain
all other remedies available to Publisher under law. Publisher’s decision of
whether to terminate or suspend will be made by Publisher in its sole
REGISTRATION AND ACCOUNT CREATION
You may be required to provide Publisher
with certain registration information. You agree and represent that all
registration information provided by You is accurate and up to date. If any of
Your registration information changes, You must update it by updating Your personal profile and information.
USE OF PASSWORD
Your right granted by this Agreement to
use the Service is personal to You — You may not authorize others to use the
Service without the written consent of the Publisher. THE PROHIBITIONS IN THIS
AGREEMENT ON ACCESS AND USE BY THIRD PARTIES APPLY TO LIBRARIES, ARCHIVES AND
EDUCATIONAL INSTITUTIONS. YOU MAY NOT SUB-LICENSE, TRANSFER, SELL OR ASSIGN THIS
AGREEMENT OR YOUR ACCESS TO THE SERVICE TO ANY THIRD PARTY WITHOUT PUBLISHER'S
WRITTEN APPROVAL. Any attempt to do so will be void and a material breach of
this Agreement. Publisher may assign this Agreement.
You must prevent unauthorized access and
use of the Service (i.e. use or access by anyone other than You) via Your
subscriber ID and password. You are solely responsible for maintaining the
confidentiality of Your password. You are solely responsible for all usage or
activity on Your account including, but not limited to, use of the account by
any person who uses Your subscriber ID and password. You must Logout of the website after each session by You.
If You have reason to believe that Your
account is no longer secure (for example, in the event of a loss, theft or
unauthorized disclosure or use of Your ID, password or any credit, debit or
charge card number stored on the Service), You must promptly notify us by Contacting Us.
Publisher may monitor use of the Service
through the use of technologies intended to confirm delivery and detect
FEES AND PAYMENTS
Although the Service is currently free, Publisher may in future charge You fees for access
to portions of the Service or for the Service as a whole. You agree to pay all
fees and charges, including applicable taxes, incurred through Your account at
the rates in effect for the billing period in which such fees and charges are
incurred, including, but not limited to, charges for any products or services
offered for sale through the Service by Publisher or by any third-party vendor
or provider (such fees, charges and taxes shall collectively be referred to as
"Fees"). Publisher reserves the right to change the amount of, or basis for
determining, any Fees, and to institute new Fees, effective upon prior notice to
You, pursuant to the notice procedure described below.
You shall pay all federal, state, or local
taxes imposed on the Service and the transaction under which you subscribe to
the Service. You shall pay all such taxes without deducting from the amounts due
to Publisher under this Agreement. If any taxes arise that are not collected and
paid by Publisher, You remain responsible for them. Publisher shall pay any
taxes imposed on its income.
If You submit Your credit card information
to Publisher upon registration, You give Publisher permission to charge all Fees
incurred through Your account to the credit card You designate. Any additional
Fees (other than renewal fees) will be charged at the time they are incurred. If
payment cannot be charged to Your credit card or Your payment is returned to
Publisher for any reason, including chargeback, Publisher may either suspend or
terminate Your account and all its obligations under this Agreement.
USE OF THE SERVICE BY YOU
You acknowledge that the Publisher creates
the content of the Service through extensive work, and that, financially, the
Publisher can provide the Service only if all users of this content pay to be
subscribers of the Service. Accordingly, You may not use, reproduce, resell or
distribute, transmit, or display the Service (or any part of it) for any
commercial or non-commercial purpose, such as selling any part of the materials
available through the Service or incorporating them into a similar service,
without the written consent of the Publisher. You may not create derivative
works from, distort, or otherwise modify the content on the Service. You may not
defeat or circumvent Publisher's security features, or attempt to do so. The
limitations in this paragraph apply not only the Publisher’s Intellectual
Property, but also to any non-copyrightable information provided by the Service.
You agree not to use any obscene, indecent
or offensive language or to place on the Service any material that is
defamatory, abusive, harassing or hateful. Further, You may not place on the
Service any material that is encrypted, constitutes junk mail or advertising
(unless expressly authorized by the Publisher), invades anyone's privacy, or
encourages conduct that would constitute a criminal offense, give rise to civil
liability, or that otherwise violates any local, state, national or
international law or regulation. You agree to use the Service only for lawful
purposes, and You acknowledge that Your failure to do so may subject You to
civil and criminal liability.
You shall ensure that any material You
provide to the Service or post on a bulletin board or forum (including, but not
limited to, text, photographs and sound) does not infringe upon or
misappropriate the patent, copyright, trademark, service mark or trade secret
rights or any other personal (such as a right to publicity) or other proprietary
rights of any third party. You shall indemnify, defend and hold harmless
Publisher from any claim, demand, assertion or lawsuit asserting that any
material You provide to the Service or post on a bulletin board or forum
infringes a patent, copyright, trademark, service mark, trade secret or any
other personal or proprietary rights of any third party.
You agree not to disrupt or interfere with
the Service, nor to alter or tamper with any information or materials on or
associated with the Service.
You acknowledge that Publisher has not
reviewed the content of all sites linked to or from this Service. Publisher is
not responsible for the content or actions of any other sites linked to or from
this Service and does not endorse them. Your linking to any service or site is
at Your sole risk.
In situations where You can post material
on or via this Service (e.g. on bulletin boards or in chat rooms), You agree
that Publisher is merely a "service provider" as defined by the federal Digital
Millennium Copyright Act ("DMCA"). As mandated by the safeharbor provisions of
the DMCA, Publisher’s policy is to terminate in appropriate circumstances the
accounts of subscribers that are repeat infringers of copyright rights of third
parties. While Publisher does not intend to take affirmative action to watch for
infringement of the copyright rights of third parties conducted by use of the
Service, Publisher may terminate this Agreement if it receives appropriate
notice of infringement and the party committing infringement does not cease its
You may not post any link to any sub-Web
page of MichaelJacksonForum.com without the written permission of Publisher. You may only
post a link to the opening, non-subscription Web page of the Service –
MichaelJacksonForum.com. You may not post any link to the Service, or any reference to
the Service or Publisher, that states or implies that you are affiliated with or
sponsored by Publisher without the written consent of the Publisher.
You acknowledge that Publisher, may, but
is not obligated to, provide limited technical support in regards to Your
personal hardware and software used to access the Service. Publisher assumes no
liability for any damages resulting from failure of computer hardware, software,
communications system (including viruses) or vendor-provided services used to
access the Service.
USE OF MATERIAL SUPPLIED BY YOU
We welcome any user suggestions for
additions, deletions and modifications to the Service. While we will endeavor to
review Your suggestions, we may not be able to adequately respond to messages
suggesting new ideas. You hereby agree that any idea, data or creative work You
transmit to us ("Submitted Information") shall become our property (if it is not
in the public domain) and that we will have no liability or responsibility for
providing any credit, compensation or other consideration for any Submitted
Information unless we contract for use of such Submitted Information.
Your postings to and communications with
the Service (including registrations) are not private. You grant Publisher the
unrestricted right to use, reproduce, modify, translate, transmit and distribute
any material You supply or communicate to the Service in any medium (now in
existence or hereafter developed) and for any purpose, including commercial
uses. We will only use information about You in accordance with our Privacy
The Publisher is committed to maintaining
This Service contains material that is the
copyright, trademark, service mark and trade dress property of Publisher or of
third parties who have licensed material to Publisher (collectively,
"Publisher’s Intellectual Property"). The Publisher’s Intellectual Property
includes the following: logos, trademarks, service marks, photographs and other
images, articles and columns, other text, graphics and illustrations, other
artwork, audio clips, video clips, unique names for statistical categories,
formulas used for creating unique statistical categories, opinions expressed as
to the meaning of statistical performance levels (e.g. benchmark analytical
levels), the selection of statistics and information included within the Service
(and the structure and sequence of it), and software.
Publisher respects the intellectual
property of others, and we ask our users to do the same. Publisher may suspend
or terminate, without notice, Your account if You (or any one using Your
account) infringe upon the copyrights to Publisher’s Intellectual Property.
Publisher may give notice(s) to You via
email to Your email address or by written communication sent by mail to the
address You have provided. You may give notice to Publisher (such notice will be
deemed given when it is received by Publisher) by any of the following methods:
- Email; or
- Fax to +1.603-457-2570, confirmed by first class mail to the mailing address below; or
- Letter, delivered by first-class mail prepaid to MichaelJacksonForum.com at P.O. Box 694, Cortez, CO 81321, USA.
MATERIALS POSTED BY OTHERS
You agree that Publisher and its
third-party service providers are not responsible, and shall have no liability
to You, with respect to any information or materials posted by others, including
defamatory, offensive or illicit material.
COMMENTS BY USERS ARE NOT ENDORSED BY
Publisher does not necessarily endorse,
support, sanction, encourage, verify or agree with the comments, opinions or
statements posted on bulletin boards, forums or otherwise contained in the
Service. Neither Publisher nor its third-party service providers make any
warranties with respect to any of the merchandise featured or mentioned in the
Service. Any information or material placed online, including advice and
opinions, are the views and responsibility of those who post the statements, or
those who actually sell any merchandise, and do not necessarily represent the
views of Publisher or its third-party service providers.
You agree to indemnify, defend and hold
harmless Publisher and its affiliates, employees, agents, representatives and
any third-party service providers, from any claim, demand, assertion, lawsuit or
liabilities (including attorneys' fees) arising from Submitted Material
submitted by You; from Your unauthorized use, reproduction, modification,
distribution or display of material obtained through the Service; from Your
breach of this Agreement; from your infringement or misappropriation of
Publisher’s Intellectual Property; and from your infringement or
misappropriation of any patent, copyright, trademark, service mark, trade
secret, personal right or other proprietary right of any third party.
EDITING AND DELETIONS
Publisher reserves the right, but
undertakes no duty, to review, edit, move or delete any material provided for
display or placed on the Service or its bulletin boards, in its sole discretion,
Publisher warrants that it will use
commercially reasonable efforts to keep the Service available to You during the
Term. Some failures or poor performance may occur from time to time, and
Publisher shall not be responsible for occasional failures of the Service, such
as temporary unavailability of the Web site comprising the Service. Also, the
Service may be down from time to time due to Publisher performing maintenance.
In addition, Your access to the Service can fail or perform poorly for many
reasons beyond the reasonable control of or responsibility of Publisher (such as
problems with the Internet generally); Publisher shall not be liable for such
failures, and any such failure shall not constitute a breach of this Agreement.
SOLE REMEDY: Should Publisher breach this limited warranty, you shall notify
Publisher and Publisher shall have 30 days to cure such breach. Your sole remedy
shall be for Publisher to restore the Service to the warranted level within 30
days (which shall constitute a cure), or to refund to You a prorated amount of
your Service fee equal to the proportionate amount of time left on your
subscription measured from the time of breach (e.g. Publisher will refund half
of your Service fee if half of your subscription year remained at the time of
breach). Publisher alone shall determine whether to provide a cure or partial
DISCLAIMER OF WARRANTY AND LIMITATION OF
EXCEPT FOR THE LIMITED WARRANTY PROVIDED
ABOVE, THE SERVICE IS PROVIDED "AS IS." PUBLISHER, ITS AFFILIATES AND ITS
THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED, TO ANY IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY,
NON-INFRINGEMENT AND MISAPPROPRIATION, SYSTEMS INTEGRATION, FITNESS FOR A
PARTICULAR PURPOSE. PUBLISHER, ITS AFFILIATES AND ITS THIRD-PARTY SERVICE
PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE
UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
PUBLISHER DOES NOT WARRANT THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF
THE SERVICE. PUBLISHER GIVES NO EXPRESS WARRANTIES FOR THE SERVICE ASIDE FROM
WHAT IT STATES IN THIS AGREEMENT.
PUBLISHER, ITS AFFILIATES AND ITS
THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES
FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS EXCLUSION
INCLUDES DAMAGES ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES
HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR
INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN
OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE
MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF
THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION (INCLUDING TORT CLAIMS
AND STATUTORY CLAIMS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL THE MONETARY LIABILITY OF PUBLISHER EXCEED THE TOTAL AMOUNT OF MONEY
PAID BY YOU TO PUBLISHER. THE DAMAGES LIMITATIONS STATED IN THIS PARAGRAPH APPLY
REGARDLESS OF THE FAILURE OF ANY WARRANTY OR REMEDY PROVIDED TO YOU BY THIS
SOME STATES DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO
YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
TERMINATION OF ACCESS TO SERVICE
Publisher has the right to terminate Your
ability to access the Service without notice. If this termination is not because
of a breach of this Agreement by you, then Publisher will refund to you a
prorated amount of your Service fee equal to the proportionate amount of time
left on your subscription (e.g. Publisher will refund half of your Service fee
if half of your subscription year remains).
CANCELLATION and REFUND POLICY for
For subscriptions placed during the months
of February, March and April: You have 24 hours (from the point when your
password is activated) to evaluate the Service. If You cancel the Service within
the first 24 hours, Publisher will refund 100% of the Service fee. Publisher
offers no refunds beyond the 24-hour evaluation period for subscription orders
placed during these months. This policy is intended to provide new subscribers
with ample opportunity to evaluate the Service while minimizing abuse of the
privilege of being a subscriber during this peak usage period.
For subscriptions placed between May and
January, inclusive: You have 24 hours (from the point when your password is
activated) to evaluate the Service. If You cancel the Service within the first
24 hours, Publisher will refund 100% of the Service fee. If You cancel the
Service after the first 24 hours, Publisher will refund to you a prorated amount
of your Service fee equal to the proportionate amount of time left on your
subscription (e.g. Publisher will refund half of your Service fee if half of
your subscription year remains).
Subscribers that order and cancel more
than once within a 14-month period will be prohibited from receiving a refund on
their subsequent purchase of the Service.
A subscription to the Paid Membership
Plan (automatic renewal option) may be cancelled without penalty at any time
after one full renewal cycle (i.e. when You join the Plan, you are committing to
the term of your current subscription plus one additional year at the prevailing
Paid rate). Any memberships cancelled prior to this period (or credit cards
that are not kept updated) will be assessed a $10 cancellation processing fee
and will be prohibited from joining the Paid Plan again for 12 months.
On cancellation or termination of the Service for whatever reason You will forfeit any v$ ("Virtual Dollars") in your account, any prizes and any perceived right or chance (in Your opinion) to have won a price or prizes.
ACCESS OUTSIDE THE UNITED STATES
Publisher does not represent that
materials and content on the Service are appropriate or available for use in
countries outside the United States. If You choose to use the Service from
outside the United States, You are solely responsible for compliance with
foreign and local laws.
GOVERNING LAW AND JURISDICTION
You agree that this Agreement, for all
purposes, shall be governed and construed in accordance with the laws of the
State of Colorado and the United States applicable to contracts to be wholly
performed therein. Colorado’s enactment of the Uniform Computer Information
Transactions Act applies to this Agreement. ANY ACTION BASED ON OR ALLEGING A
BREACH OF THIS AGREEMENT MUST BE BROUGHT ONLY IN A STATE OR FEDERAL COURT IN THE
CITY OF CORTEZ, COLORADO. YOU AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL
JURISDICTION AND VENUE OF SUCH COURTS. In any litigation in state court,
depositions and interrogatory responses may be used in support or defense of
motions for summary judgment. In any litigation arising from or related to this
Agreement, the prevailing party shall be entitled to recover its reasonable
legal fees and costs from the non-prevailing party. YOU WAIVE ANY RIGHT TO A
The Publisher does not allow members or subscribers under the age of 18 and if it inadvertently does so and it subsequently becomes apparent that anyone 13 years of age or under has subscribed or become a member, services to such a person will be terminated and all his/her personal information deleted. You may send the Publisher notices in terms of COPPA with any of the methods Here.
Publisher shall not be liable to You or
any third party for any delay or its failure to perform any obligation under
this Agreement (such as providing the Service) if such delay or failure is
caused by the occurrence of any event beyond Publisher’ reasonable control,
including (but not limited to): acts or failures to act by You; failures of the
Internet not caused by Publisher; failures of hardware, software, browser,
communications equipment, network failure, network congestion or network
malfunction (unless caused by Publisher); acts of God; weather; acts of public
authority; war; terrorism; riot; government acts, new laws or regulations; or
failures or delays of utilities, suppliers, or carriers.
NO THIRD PARTY BENEFICIARIES
There are no third-party beneficiaries to
This Agreement is the complete and entire
agreement between the parties and supersedes any contemporaneous or prior
agreement or representation, whether written or oral.
If any term or provision of this Agreement
shall be found to be illegal or unenforceable, then, notwithstanding, it will be
enforced to the maximum extent permissible, and the legality and enforceability
of the other provisions of this Agreement will not be affected.
No consent by either party to, or waiver
of, a breach of this Agreement by the other party, whether express or implied,
shall constitute a consent to, waiver of, or excuse for any other different,
continuing, or subsequent breach, even of the same term.
The headings used in this Agreement are
for reference purposes only and shall not be deemed a part of this Agreement.
ACCEPTANCE OF THESE TERMS
IMPORTANT: By Registering for the Service, You agree to these Terms in full. If You do not agree with all these Terms, for whatever reason, please do not Register.
MichaelJacksonForum.com (Publisher) is committed to maintaining the strictest privacy possible for our members and subscribers. We collect information about you which is used to provide a more personalized and richer experience while you enjoy our products and services. We do not sell, rent, or in any other way share Your information with any other companies. Any information that is collected is strictly for use by the Publisher for the purpose of providing and improving our service for our subscribers.
The Publisher may periodically send email or postal mail promotions to you for products or services offered by the Publisher, or by relevant third parties selling products or services that would enhance your enjoyment of the Service. Members of and subscribers to MichaelJacksonForum.com will also receive a regular email bulletin containing information about their subscription and other news and relevant information. You may opt out of receiving these emails or postal mails by following the unsubscribe instructions in these mailings or by Contacting Us.
The Publisher may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to the law or comply with legal process served on the Publisher, (b) protect and defend the rights or property of Publisher or its customers, or (c) protect the personal safety of its customers or the public.
COPPA: The Publisher does not allow members or subscribers under the age of 18 and if it inadvertently does so and it subsequently becomes apparent that anyone 13 years of age or under has subscribed or become a member, services to such a person will be terminated and all his/her personal information deleted. You may send the Publisher notices in terms of COPPA with any of the methods Here.