Terms and Conditions
Welcome to the Steve Jobs Archives LLC (“SJA”, “we”, “us”, or “our”) Web Site (the “Site”).
IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE WITH THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SITE.
Your Permission to use the Site.
Eligibility. You must be at least 13 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; and (b) your use of the Site is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Restrictions. SJA gives you limited permission to use the Site, subject to the following restrictions. Except as expressly authorized by SJA under a separate license or other agreement with you, you may only use material contained on the Site for personal and noncommercial use, and any commercial use, such as selling content, or posting information on another website, is prohibited. Further, you may not, and will not permit any third party to: (a) frame, reproduce, distribute, publicly display, or publicly perform the Site or any portion of the Site, including any Materials (as defined below) available on or through the Site; (b) make modifications to or create any derivative works based on the Site or any portion of the Site; (c) sublicense, distribute, sell, lend, rent, lease, transfer, or grant any rights in or to all or any portion of the Site or provide access to the Site to third parties on a service bureau basis or otherwise; (d) interfere with or circumvent any feature of the Site, including any security or access control mechanism, or introduce any security threats into or through the Site; (e) systemically retrieve, download or print materials from the Site; (f) change or delete (f) use the Site or any portion of the Site to exploit, interfere with, or circumvent any feature of any other website or service; (g) use the Site or any portion of the Site for any illegal, harmful, offensive, or objectionable purpose, including in a manner that violates the intellectual property or proprietary rights of, SJA or any third party, including changing or deleting any proprietary notices on the Site or from materials downloaded from the Site; (h) transmit, distribute, sell, or otherwise provide any content or data from the Site to a third party (except as expressly authorized by SJA); or (i) otherwise use the Site or any portion of the Site other than as provided in these Terms, or in violation of any applicable law. If you are prohibited under applicable law from using the Site, you may not use it.
You agree to be solely responsible for your use of the Site. Your permission to use the Site will be terminated immediately, without any further action by SJA, if you breach these Terms. In addition, SJA may, at its sole discretion, terminate these Terms, or suspend or terminate your access to the Site, at any time for any reason or no reason, with or without notice. You may terminate these Terms by emailing us at firstname.lastname@example.org. Upon termination, your rights under these Terms will terminate and you must immediately cease all use of the Site. The Sections titled “Your Permission to use the Site”, “Proprietary Rights”, “Feedback”, “Modification”, “Disclaimer of Warranties and Limitation of Liability”, “Indemnity”, and “Miscellaneous”, will survive termination.
The Site is owned and operated by SJA. SJA is the owner or licensee of all rights in the Site’s content and related software, including but not limited to the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), materials, products, software, services, or all other elements of the Site provided by SJA ( “Materials”). You have no rights to the Materials other than those expressly granted in these Terms. Steve Jobs ArchivesTM and the logos or other proprietary marks of SJA and its affiliated organizations belong to them exclusively. No right, title or interest in those marks is granted in these Terms. Any third-party trademarks or service marks displayed on the Site are the property of their respective owners. SJA reserves all rights to the Materials and the Site not granted expressly in these Terms.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or our business, products, or services (“Feedback”), then you hereby grant SJA an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create or improve other products and services.
Links and Online Listings.
SJA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE SJA (AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, ASSIGNS, SUPPLIERS AND MEMBERS) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
SJA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, these Terms or any portion thereof with or without notice.Please check these Terms periodically for changes. By using the Site after any changes to the Terms are published, you agree to the updated Terms. You agree that SJA shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Disclaimer of Warranties and Limitation of Liability.
Disclaimer of Warranties. We are under no obligation to provide support for the Site. THE SITE AND ALL INFORMATION, SERVICES OR LINKS ON OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SJA DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR INFORMATION, SERVICES OR LINKS ON OR THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND SJA DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR SJA OR INFORMATION, SERVICES OR LINKS ON OR THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SITE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE) OR ANY LOSS OF DATA. SJA IS NOT RESPONSIBLE FOR THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE MATERIALS DISPLAYED ON THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SJA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT SJA IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, SJA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF SJA FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS.
You agree to indemnify and hold SJA and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or connected with: (a) your unauthorized use of, or misuse of the Site, (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Consent to Electronic Communications.
We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
The Site is offered by the Steve Jobs Archive, LLC, located at P.O. Box 61239 - Dept. 1173, Palo Alto, California 94306. You may contact us by sending correspondence to that address or by emailing us at email@example.com.
Notice to California Residents.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Site or to receive further information regarding use of the Site.
The Site is intended for visitors located within the United States. We make no representation that the Site is appropriate or available for use outside of the United States. Access to the Site from countries or territories or by individuals where such access is illegal is prohibited. If local laws prohibit you from using the Site, you may not do so.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms or your use of the Site. The Terms constitute the entire agreement between you and SJA with respect to your use of the Site. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure of SJA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The Terms and the relationship between you and SJA shall be governed by the laws of the State of California without regard to its conflict of law provisions. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.