Terms of Service

JACKED, Inc. Terms of Service

Effective as of August 16, 2007

These terms of service ("Terms") apply to you and all users of this website and the services provided on this website ("Users"). These Terms are a legal contract between you and JACKED, Inc. ("JACKED," "we" or "us") and govern your access to, and use of the Jacked website located at Jacked.com (the "Site") and the services provided on or in connection with the Site (the "Services"). If you do not agree with any of these Terms, do not access or otherwise use this Site and/or the Services or any information contained on the Site. Your use of this Site and/or the Services on this Site shall be deemed to be your agreement to abide by each of the Terms set forth below.

JACKED may make changes to this Site and the Services offered at any time without notice to you, and JACKED can change these Terms at any time without notice by posting updated Terms of Service on the Site. Your continued use of the Site and/or the Services after such changes have been posted means that you agree to the new Terms, even if you have not reviewed the changes. Therefore, you should check the Terms posted on this Site on a regular basis for updates and changes.

The Site is an independent business that provides Services to individuals who seek access to news and information and related Services, and Users are only authorized to make use of the Site or the Services or information received by means of the Site in strict accordance with these Terms.

The materials provided on the Site and in connection with the Services are provided for information and news-related purposes only. Moreover, such materials are available only for Users using the materials solely for non-commercial purposes. As such, you specifically acknowledge and agree that you are using the materials only for your own personal use and not in connection with any commercial or business use.

ACCOUNT TERMS

1.You should refer to Privacy Policy to understand how JACKED may collect, use and disclose your personal information.

2. You must be 13 years or older to use this Site and/or the Services.

3. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

4. In order to access some features of this Site, you will have to create an account. You are responsible for maintaining the security of your account and password. You agree to notify JACKED if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised.JACKED cannot and will not be liable for any loss or damage caused in whole or in part by your failure to comply with your obligation to maintain the security of your account and password.

5. You may not select or use as your JACKED user identification ("JACKED User ID") any of the following: (a) a name of another person with the intent to impersonate that person; (b) a name subject to any rights of a person other than you without appropriate authorization; (c) a name that is otherwise offensive, vulgar or obscene, or (d) a name that JACKED decides, in its sole discretion, is not appropriate or for any other reason should not be used. JACKED reserves the right to refuse registration of, or cancel any JACKED User ID at any time and for any reason in its sole discretion.

6. You agree that you will (a) use the Site and the Services in compliance with all applicable local, state, national, and international laws, rules and regulations; (b) not use the Site or the Services for any illegal or unauthorized purpose; and (c) not, in the use of the Site or Services, violate any international, national, state or local laws, rules or regulations that apply to your use or in your jurisdiction (including but not limited to copyright laws), and (d) not use the Site or Services in any way that is prohibited by these Terms of Services or the rights of any third parties.

7. You understand that the technical processing and transmission of the Services, including your User Content (as defined below), may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

8. With respect to the Site, the Services and your use thereof, JACKED does not warrant any of the following: (a) that the Site or Services will meet your specific requirements, (b) that the Site or Services will be uninterrupted, timely, secure, or error-free; (c) that the results obtained from the use of the Site or the Services will be accurate or reliable; (d) the quality of the Site, the Services or any products offered in connection with the same; or (e) that any errors with respect to the Site or the Services will be corrected.

PROPERTY RIGHTS

1.You acknowledge that, unless otherwise specified in these Terms or on the Site and/or with respect to the Services, JACKED owns all intellectual property rights related in any way to this Site and/or the Services, including, without limitation, any User Content (as defined below).Unless otherwise specified in these Terms or on the Site and/or with respect to the Services, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of JACKED, Inc. Copyright © 2007. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

2. You must not modify, adapt or hack the Site or the Services or modify another website so as to falsely imply that it is associated with the Site and/or the Services.

3. Any trademarks, service marks, collective marks, designs, links, personal images, or other images protected by similar rights that are mentioned, used or referenced in the Site or in the provision of the Services are the property of their respective owners and are mentioned, used or referenced solely to identify those owners as part of the provision of news, information, and connections.

THIRD PARTY CONTENT

1. Certain information and content that are not User Content may be provided by third party licensors and/or suppliers to JACKED ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content for your personal, noncommercial use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, retransmit, republish, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. JACKED disclaims all express, implied, and statutory warranties and conditions with regard to the Third Party Content, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.

2. JACKED or third parties may provide links to other World Wide Web sites or resources on the Site. JACKED takes no responsibility for any such third party content (including, without limitation, any viruses or other disabling features), nor does JACKED have any obligation to monitor such third party content. JACKED has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to the Site.

3. JACKED is NOT associated with or authorized by any of the television networks, cable companies, amateur, collegiate, or professional sports teams, athletes, and leagues, or any other producers of the programs, events or content with respect to which JACKED provides news, information, and/or connections. Any references to any of those entities, businesses or individuals, or their trademarks, service marks, collective marks, designs, personal images, or other images protected by similar rights are used solely to identify those individuals or entities and are mentioned, used or referenced solely as part of the Services provided to JACKED Users and the dissemination of news, i nformation, and connections.

4. JACKED provides links to you only as a convenience, and the inclusion of any link on the Site does not imply JACKED's affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Site, while you may still be subject to some of JACKED's terms and policies, you need to comply with the terms and policies of the other sites to which you travel. You should review applicable terms and policies, including the terms of service, privacy and data gathering practices, of any third party sites.

5. Posting Etiquette. JACKED asks that you respect our on-line community and other individuals. When posting User Content to or otherwise using the Site and/or the Services, you agree not to:

• Post off-topic messages.
• Defame, abuse,harass, stalk, threaten, or otherwise violate the legal rights (including, but not limited to, the rights of privacy and publicity) of others.
• Impersonate or attempt to represent or to speak for JACKED, our staff, our licensors, suppliers, sponsors, or other industry professionals.
• Intentionally solicit a member's password or other account information.
• Harvest user names, addresses, or email addresses for any purpose without the prior written permission of JACKED.
• Use racially, ethnically, or otherwise offensive language.
• Discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

This list of prohibitions provides examples of such prohibited conduct and is not intended to be, nor is it , a complete or exclusive list of prohibitions.These prohibitions do not require JACKED to monitor or remove any User Content or other information submitted or posted by you or any other User. JACKED reserves the right, in its sole discretion, to monitor and remove any User Content or other information submitted or posted by you or any other User, terminate your access to your account, your ability to access certain password restricted areas of the Site and/or post to the Site or utilize the Services with or without cause and with or without notice to you. Moreover, JACKED may report to law enforcement authorities or any other third parties any actions that are or may be violative of any federal, state or local laws or ordinances, or any third party rights, and/or any reports it receives of such activity. When legally required or at JACKED's sole discretion, JACKED will cooperate with law enforcement authorities in any investigation or inquiry regarding any conduct which is or may be violative of any international, federal, state or local laws or ordinances regarding the Site or in connection with the Services.

USER CONTENT

1. This Site may now or in the future permit the submission of User material, including, but not limited to, the submission of articles, commentary and all other data, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments or other materials or other communications submitted by you and/or other users ("User Content") and the hosting, sharing, and/or publishing of such User Content. You understand and agree that in accordance with these Terms and JACKED's Privacy Policy, JACKED does not guarantee any confidentiality or privacy with respect to any such User Content.

2. By transmitting or submitting User Content to the Site, you hereby (a) grant JACKED a non-exclusive, irrevocable, royalty-free, perpetual and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content in any media, now known or hereafter devised; and (b) grant JACKED, its affiliates, sublicensees, successors and assigns the right to use any identifying information (such as photos, likenesses, name and/or electronic mail address), or any portion thereof, submitted in connection with such User Content, if they so choose.

3. Please note that JACKED, as general matter, does not actively edit User Content. JACKED will generally opt to leave User Content posted as is or take it down entirely. However, JACKED reserves the right, in its sole discretion, to modify User Content, and you acknowledge and agree that certain modifications may occur without JACKED's active participation, such as due to obscenity filtering software, which may automatically change profane language to benign characters such as '#@!%'.

4. In connection with User Content, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant JACKED all of the license rights granted therein.

5. You acknowledge and agree that you will not post on the Site or in connection with the Services, any content for which you do not have the clear right to do so and to grant the rights identified above. You may generally publish a link to ("seed") such content on the Site, provided that such link does not otherwise violate any third party agreements or rights.

6. Please note that content licensed under a Creative Commons Public Domain license may not be posted on the Site because such licenses do not permit you to grant the necessary rights and may not be applicable to such use in some cases. Therefore, such content may only be seeded to the Site.

7. You further acknowledge and agree that you are solely responsible and liable for any User Content or any other material that you post or seed on the Site and for any infringement or other liability that may result. You represent and warrant that (i) all User Content is either wholly original to you, or all third party rights therein have been fully cleared for use as contemplated by these Terms, and that you have the right to grant the rights granted herein without violating the rights of any third party; (ii) the User Content and the posting thereof on the Site does and will not, in any way, violate or breach any of these Terms or violate or infringe upon the rights of any third party, and (iii) JACKED shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the User Content unless otherwise agreed in writing by JACKED. Without limiting the foregoing, JACKED reserves the right to use the User Content as it deems appropriate, including, without limitation, editing, deleting, rejecting, or refusing to post it.

8. JACKED shall not be obligated to enforce any form of attribution by third parties and shall not be responsible for any third party use of User Content. If it is determined that you possess any legal or moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you have no objection to the publication, use, modification, deletion or exploitation of the User Content by JACKED or its Users, licensees, successors and assigns; (b) you forever waive and agree not to claim or assert any entitlement to any and all legal or moral rights of an author in any of the User Content; and (c) you forever release JACKED, and its Users, licensees, successors and assigns, from any claims that you could otherwise assert against JACKED or its Users, licensees, successors, or assigns by virtue of any such legal or moral rights.

9. You agree not to post to the Site any links or other User Content which is intended to or may result in any monetary compensation or other benefit to you, including without limitation any affiliate links.

USE OF USER CONTENT

1. You are solely responsible for all of your User Content.

2. As a provider of interactive services, JACKED enables users to post such User Content in a public forum. JACKED is not liable for any User Content provided by its Users.

3. User Content is displayed for entertainment and informational purposes only and is not controlled by JACKED. JACKED cannot guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site and or the Services, you may be exposed to User Content that may be false, offensive, indecent or objectionable. You understand that you are not entitled to rely in any way on User Content or to assume that User Content is accurate or correct, and you agree and acknowledge that such reliance would be unreasonable.

4. Under no circumstances will JACKED be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site or in connection with the Services.

DISCLAIMER OF WARRANTIES

Your use of this Site and/or the Services is at your own risk. Neither the materials available on this Site and/or through the Services nor the Third Party Content nor any User Content have been verified or authenticated in whole or in part by JACKED, and they may include inaccuracies or typographical errors. JACKED does not warrant the accuracy or timeliness of the materials available on this Site and/or through the Services or the Third Party Content or the User Content. JACKED has no liability for any errors or omissions in the materials available on this Site and/or through the Services, the Third Party Content or the User Content, whether provided by JACKED, our affiliates, licensors or another User.

JACKED, ON BEHALF OF ITSELF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, SUCCESSORS AND ASSIGNS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITE, THE SERVICES OR ANY MATERIALS AVAILABLE ON THIS SITE AND/OR THROUGH THE SERVICES (INCLUDING THIRD PARTY CONTENT OR USER CONTENT), RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY SUCH INFORMATION. JACKED MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THE TRANSMISSION TO OR FROM THE SITE, OR IN CONNECTION WITH THE SERVICES, WILL NOT BE UNINTERRUPTED, DELAYED OR TERMINATED. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE, THE SERVICES, MATERIALS AVAILABLE ON THIS SITE AND/OR THROUGH THE SERVICES, THIRD PARTY CONTENT, USER CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

SYSTEM AND NETWORK SECURITY

You acknowledge and agree that you may not impair or in any way compromise or alter the security of any system or network comprising the Site and or the Services. Any such action in violation of the foregoing may result in criminal and/or civil liability. Examples of system or network security violations include, without limitation, the following:
(A) Unauthorized access to or use of data, systems, computer code, or networks, including any attempt to probe, scan or test the vulnerability of the Site or to breach security or authentication measures;
(B) Unauthorized monitoring of data or traffic on the Site;
(C)Interference with the Site and/or the Services, including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks;
(D) Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers; and/or
(E) Using manual or electronic means to avoid any use or access limitations placed on this Site and/or placed in connection with the Services.

INDEMNIFICATION

You agree to hold harmless, defend and indemnify JACKED and its subsidiaries, affiliates, licensees, officers, directors, agents, employees, successors and assigns, from and against any third party claim arising from or in any way related to your use of the Site and/or the Services in contravention of these Terms, including any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs including expert witness fees and/or attorneys' fees, of any kind or nature.

TRADEMARKS

"JACKED", "Jacked" and the JACKED logos are trademarks, service marks or registered trademarks of JACKED, Inc. All rights reserved. They may not be copied, used or imitated, in whole or in part, without the prior written permission of JACKED, Inc.

INTELLECTUAL PROPERTY AND INTELLECTUAL PROPERTY AGENT

JACKED respects the intellectual property of others, and we ask you to do the same. JACKED may, in appropriate circumstances and in our sole discretion, terminate service and/or access to the Site or certain password restricted areas of the Site or to the Services to Users who infringe the intellectual property rights of others. If you believe that your work is being infringed by us or Users of the Site or the Services and appears on our Site or in connection with the Services, please provide JACKED's intellectual property agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the protected interest;
• a description of the work, mark or other material that you claim has been infringed, including the URL (i.e., web page address) of the location where the material exists;
• identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
• a short and plain description of the manner in which the material infringes your rights (i.e., a description of the statutory or common law copyright, trademark, patent, or other intellectual property right you claim has been infringed and an description of the facts that support your claim that your right has been infringed)
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the material, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of such protected material or are authorized to act on the owner's behalf (if the latter, please provide the basis of your authorization to act on the owner's behalf).

JACKED's agent for notice of claims of infringement on this Site can be reached as follows:

By mail:
Jacked Inc
Attn: Copyright Infringement Officer
3143 Donald Douglas Loop South
Santa Monica CA 90405

By phone:
(323) 302-4460

By e mail:
CopyrightInfringementOfficer@jacked.com

LOCAL LAWS, EXPORT CONTROL

JACKED controls and operates this Site from its headquarters in the United States of America and the materials available on this Site and/or through the Services may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable international, national, state, and local laws.

NO PROFESSIONAL OR OTHER ADVICE

JACKED and the Site are not intended to and do not provide professional advice or advice of any other kind. If you need advice and receive or access, through the Site or Services, information or materials (e.g., medical, legal, financial, or other information), do not rely on that information to make such decisions, but instead contact a professional who is licensed and knowledgeable about the advice you are seeking

INTERPRETATION

The failure of JACKED to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or of any other right or provision. The Terms constitutes the entire agreement between you and JACKED and govern your use of the Services, superseding any prior agreements between you and JACKED (including, but not limited to, any prior version(s) of the Terms). Whenever possible, each provision of these Terms will be interpreted in such manner as to be effective and valid under applicable law, but if any provision is held to be prohibited by or invalid under applicable law, such provision will be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms.

JURISDICTION AND VENUE

These Terms will be governed by and construed in accordance with the laws of California, without regard to its otherwise applicable principles of conflicts of laws or choice of law that would result in the application of the substantive or procedural law of any other jurisdiction. Should a dispute arise regarding these Terms, such dispute shall be settled by an action in the courts of Los Angeles County, California and by using the Site or receiving Services from JACKED or the Site, you agree that (a) jurisdiction shall exclusively be in the courts of Los Angeles County, California or the United States District Court for the Central District of California, (b) there is personal jurisdiction over you in the State of California with respect to disputes relating in any way to JACKED or its Site or its Services and you will not contest personal jurisdiction in California, (c) venue is proper in the courts of Los Angeles County, California and/or the Federal Court for the Central District of California, and you will not contend that another forum is proper or more convenient, (d) you covenant, represent, and promise that you will not bring any action related in any way to JACKED or its Site or its Services in any forum other than the courts of Los Angeles County, California, and/or the Federal Court for the Central District of California and (e) if you violate your covenant, representation, and/or promise not to bring any action related in any way to JACKED or its Site or its Services in any forum other than the courts of Los Angeles County, California, and/or the Federal Court for the Central District of California, you will be responsible for all of JACKED's liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs including expert witness fees and/or attorneys' fees, of any kind or nature

LIMITATION OF LIABILITY

JACKED SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIAL ON THE SITE OR RELATING TO YOUR USER CONTENT. IN NO EVENT SHALL JACKED BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) THAT ARISE, EVEN IF JACKED KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

GENERAL

JACKED has the right to terminate any password-restricted account for any reason. YOU AND JACKED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE AND/OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF A CAUSE OF ACTION IS NOT COMMENCED WITHIN SUCH TIME PERIOD, THEN IT WILL BE PERMANENTLY BARRED.

For information on privacy issues, please review our Privacy Policy

Questions about the Terms should be sent to support@jacked.com