ACCEPTANCE OF TERMS TO JSector.COM

Definitions:

TOS = Terms of Service: This document outlines the terms and conditions that must be followed while using the services provided by JSector.com and our Web site.

THE QUICK VERSION TO GET YOU STARTED

NOTE: Journals that do not provide unique content that gives readers a reason to visit your pages at JSector.com will be deleted.

JSector.com strives to provide a high quality service. We want our members to be proud of their Online Journals and be actively writing in them. Members who have not created at leats one entry in their Online Journal and JSector.com within 30 days of signing up may have their accounts deleted.  Accounts used as splash pages, front door pages, classified ads or serve no other purpose other than to send readers to other web sites or promote a product or service are subject to removal. Entries promoting illegal activities or abuse will be removed. JSector.com reserves the right to remove any account or entry without notifying members.

OFFICIAL TERMS OF SERVICE

The following JSector’s Terms of Service (“TOS”) regulate the legal relationship between JSector and all Members (“Members” and the term “a Member” or ‘the Member” shall be construed accordingly) of JSector’s internet JSector.com Service platform (“the Platform” or “the Service Platform") and supersedes all prior agreements between the parties regarding the subject matter contained herein.By creating an account (as defined below) and / or clicking the “continue” button below, you become a Member (either on behalf of yourself as an individual or on behalf of an entity as its authorized representative) agree to all of the Terms of Service and become a JSector.com’s Service Member. If you do not agree with all of the Terms of Service, click on the “do not accept” button and / or do not create an account.Scope of the term “Content” = “digital Content” = data, text, software, music, sound, photographs, graphics, video, messages or other materials.


Modifications to Terms of Service

JSector may amend the TOS from time to time in the future.

JSector reserves the right to update and change the TOS without notice or acceptance by the Member. You can monitor the most current version of the TOS at any time at : http://www.JSector.com/tos.html. Related to major amendments in the TOS, JSector will notify the Members by posting the amendments as a start-up screen prior to the following use of the Service. If you do not click the “I accept” button, you may terminate your use of the Service at that time. We suggest you regularly monitor the TOS.


Description of the Service (“Service”)

JSector is providing the Members an internet Service Platform on which they can create and manage a “Online Journal” (web site with multimedia Content) with many publishing and community Services. Some of these Services will be free of charge, others may cost money or have other requirements depending on the level of Service the Member has chosen.JSector may put any type of advertisement on Members’ Journals without reference to the Member.The Service includes communications from JSector such as administrative messages, service newsletter and the Member will not be able to opt out of receiving them.

Members may be informed of the opportunity to enter into agreements with third parties. JSector is not liable in relation to, and takes no responsibility for, any contract entered into by Members with any third party.


Prerequisites of Use

They are some prerequisite to the use of the JSector.com internet Service Platform. The JSector.com Platform back office and Services may only be used by registered Members. You are a Member when you have clicked on the “do accept” button and so accepted the TOS, completed the registration form with complete and correct information and so created an account and been subsequently accepted by JSector.Members have to inform JSector of any and all changes to the account information as soon as possible. If the information provided by a Member is suspected with reasonable ground by JSector to be untrue, inaccurate, not current or incomplete, JSector retains the right to close the Member’s account and block any new use of the JSector.com Service by the Member.The Member email account must be always contactable and be acceptable to JSector. JSector will not answer any Member’s instruction unless they are sent from the registered account email. A Member must be 13 years old or over. For some specific Services, JSector may set different age restrictions and will notify the Members by posting a start-up screen prior the use of such specific Services. JSector retains the right to refuse a registration without giving reason. Members assert that they exit from their account at the end of each session. Members have to provide all equipment necessary to establish a connection to the World Wide Web, including a computer and modem or other access device, for own access to the World Wide Web and may pay fees associated with such access.
Members agree not to access the JSector.com Service by any means other than through the Member’s JSector.com Service interface.


Service Modifications

JSector retains the right to modify or discontinue the JSector.com Service with or without notice to the Member.


Privacy Policy

Each Member is responsible for maintaining the confidentiality of the password and account it shall receive after completing the registration form, and is fully responsible for all activities that occur under its password or account. The Member may change its password at any time on the JSector.com Service Platform. All information, text, images, graphics or multimedia files entered into JSector.com Platform by the Member is private to the Member except to the extent that it opts to share that information with other Members, people and / or the public.

Members warrant to JSector that they have the rights to display the Content that is placed on Journals and / or the JSector.com Service Platform. JSector’s policy aims at respecting the Members privacy. Each Member can access to all of its personal information and can modify them.
JSector will not disclose to any third party Member’s name or contact information without informing the Member. JSector and its partners firms observe the data protection regulations.


Copyright and Title

The JSector.com Service Platform is based on and powered by a software that contains proprietary and confidential information that is protected by applicable intellectual property. The Member acknowledges that no title to the intellectual property in the software is transferred to the Member itself. Title, ownership, rights and intellectual property rights in and to the software shall remain in JSector’s software. The software is protected by copyright and patent laws of France and international treaties. The Member may not :reverse engineer, decompile, or disassemble the software and / or the

JSector.com Service based on the software ; modify, or create derivative works based upon, the software in whole or in part ;
distribute copies of the software and / or the JSector.com Service ; remove any proprietary notices or labels on the Service and / or the JSector.com Service ; resell, lease, rent, transfer, sublicense, or otherwise transfer rights to software and / or the JSector.com Service.
The Member acknowledges that the Online Journal and the JSector.com Service contain advertisements or information which may also be protected by copyright, trade mark registrations, patents or other proprietary rights and laws.

The Member acknowledges that its publications of digital Content in its Online Journal or in a publicly accessible area of the JSector.com Service Platform, give other Members the free, unlimited, perpetual and non-exclusive right to access these Contents and use it for the purpose of displaying the Online Journal / Content in question. The Member acknowledges that its publications of other digital Content such as layouts, design templates, scripts, code and functions, navigation elements in a publicly accessible area of the JSector.com Service Platform, gives other Members the free, unlimited, perpetual and non-exclusive right to use these Contents / elements wholly or partially in all manners within the JSector.com Service Platform.


Content Responsibility and Use of Online Journals and the JSector.com Service

The Member acknowledges and agrees that JSector neither endorses the Contents of any Member communications (published texts, images, files, data, hyperlinks, software or other Content) nor assumes responsibility for any threatening, anticonstitutional, libellous, obscene, harassing, pornographic, racist, hatred-inciting, vulgar, defamatory, or offensive or damaging material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby. The Member acknowledges and agrees that Content published publicly will be accessible by the public without Member’s knowledge and that digital Content published privately may also be read publicly if the Member makes an operating error, if third parties enter the JSector.com System illegally or if there are errors in the computer software. Moreover, the Member will not :
harm minors in any way ; impersonate any person or entity, including, but not limited to, a JSector official, forum leader, guide or host, or falsely state or otherwise misrepresent its own affiliation with a person or entity ; behave in any way which might restrict or inhibit the use and enjoyment of Online Journals and the JSector.com Service by any person ; upload, post, email or otherwise transmit any Content that the Member does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) ; upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party ; upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, competitions, “junk mail”, “spam”, “mass e-mailing” with or without a fake return address, “chain letters”, “pyramid schemes”, “snowball-systems” or any other form of solicitation or commercial exploitation. The Member’s conduct is subject to Internet regulations, policies an procedures ;upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment ;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any data Content transmitted through the JSector.com Service ;
interfere with or disrupt the JSector.com Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service ; violate any applicable local, state, national or international law ; otherwise harass another ; promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals ; collect, store or create a database about the JSector.com Service, its Members Online Journals or the software used by the JSector.com Service ; offer for sale or sell any item, good or service that violates laws or that the Member does not have full power and authority under all relevant laws and regulations to offer and sell or that JSector may determine inappropriate for sale through the JSector.com Service ; pretend to be a representative of JSector or the JSector.com Service or any partner. access an other Member account that the Member does not have a right to use and / or change any Content / comment or the other Members information behave in any way that might bring JSector into disrepute. JSector does not and will not verify or pre-screen each Content entered by Members on the JSector.com System Platform and does not accept responsibility or liability for such Members Content. So the Member may find and be exposed to objectionable Content. The Member acknowledges and agrees that Content whether publicly or privately transmitted is its sole responsibility This means that the Member, and not JSector, is entirely responsible for each and all Content that the Member uploads, posts, emails or otherwise transmits via the JSector.com Service. JSector may decide, in its sole discretion, to delete or block any or all of a Online Journal Content.

The Member acknowledges and agrees to immediately inform JSector of any unauthorized or abnormal use of its account or / and JSector.com Service ; any other breach of security known to the Member. JSector retains the right to limit the number of accounts and Online Journals per Member at its sole discretion to prevent abusive use of the JSector.com Service.


Limited Warranty

JSector does not warrant that the functions contained in the JSector.com Service Platform will meet the Member’s requirements or that the operation of the Platform will be uninterrupted, timely, secure, fully compatible with the Member’s hardware and software furnishing, error-free or free from malicious code or transmission of such malicious code.For purposes of this paragraph, “malicious code” means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer system or computer network, including viruses, trojan horses, droppers, worms, logic bombs, and the like. JSector does not make any warranty as to the accuracy or reliability of any information obtained through the JSector.com Service or that defects in the Platform software will be corrected.

Except as stated above in these TOS, the JSector.com Service is provided “as-is” without warranty of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, and fitness for a particular purpose and the Member expressly agrees that the use of the Service is at the Member’s sole risk.Further, JSector shall not be liable for the accuracy of any information oral or written provided by JSector or third-party technical support personnel, or any damages caused, either directly or indirectly, by acts taken or omissions made by the Member as a result of such technical support.

The Member assumes full responsibility for the selection of the JSector.com Service to achieve its intended results and for the use and results obtained from use of the Service. The Member also assumes the entire risk as it applies to the quality and performance of the JSector.com Service. Should the Service prove defective, the Member (and not JSector or its distributors or dealers) assumes the entire cost of all necessary servicing, repair or correction of its own hard and software materials.

JSector makes no warranty regarding any goods or Services purchased or obtained through the JSector.com Service or any messages received or any transactions entered into through the Service or alteration of the Member’s transmissions or data, including but not limited to, damages for loss of profit, use, data or other intangible, even if has been advised of the possibility of such damages. JSector is not responsible for the Content of advertising banners and other external Contents provided directly or not from other websites.

Time-restricted warranty. JSector.com Service is a commercial Service and JSector will NEVER claim to charge nothing for JSector.com Service forever.

No other warranty. Except as set forth in the forgoing limited warranty, JSector and its suppliers disclaim all other warranties, either express or implied, or otherwise including the warranties of merchantability and fitness for a particular purpose. Also, there is no warranty of noninfringement, title or quiet enjoyment. No oral or written information or advice given by JSector, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty.

Some jurisdictions do not allow the exclusions of certain warranties, so some of the above exclusions may not apply to a Member.


Limitation of liability

Neither JSector nor its suppliers shall be liable to the Member or any third party for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, business, interruption or the like), arising out of the use or inability to use the JSector.com Service or these TOS based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), Service liability or otherwise, even if JSector or its representatives have been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.

JSector total liability to a Member for actual damages for any cause whatsoever will be limited to the amount paid by the Member for 3 (three) months of Service that caused damage.

Limitation of usage time. JSector.com Service is a commercial service. And JSector will never claim to charge nothing for its Service, forever.


Indemnity

The Member acknowledges and agrees to indemnify and hold JSector and its subsidiaries, affiliates, officers, agents and partners harmless from any claim or demand, including legal fees, made by any third party due to or arising out of the Member’s use of and / or connection to the JSector.com Service Platform, the Member’s violation of the TOS or the Member’s violation of any rights of another.


Basis of Bargain

The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the agreement between JSector and the Member. JSector would not be able to provide the JSector Service on an economic basis without such limitations.


Termination of contract

The legal relationship between JSector and the Member shall terminate automatically if the Member fails to comply with the limitations described in the TOS. No notice shall be required from JSector to effectuate such termination.

The Member will no longer access its Online Journals and all the Member’s information and Contents contained therein may be deleted by JSector. In case of the Member’s cancellation, the cancellation will take effect immediately. The Member will no longer access its Online Journals and all Member information and Contents contained therein may be deleted by JSector.

JSector accepts no liability for to Members or to any third party for such deleted information or Content. In case of the cancellation of a chargeable Service level, the current subscribed period (month or quarter or semester or year) is due to JSector and will be payed immediately or not be reimbursed.

If the Member’s credit card is invalid for any reason, the JSector.com Service may be cancelled and all the Member’s information and Contents contained within may be deleted permanently.JSector accepts no liability for to Members or to any third party for such deleted information or Content.
For all cancellation, if requested by a Member within a reasonable time of the termination date and accepted by JSector, these Contents may be made available to the Member in digital form subject to Member’s payment of JSector standard administrative charge.

Members who have not published at least one entry on their journal within 30 days of signing up may have their accounts deleted. Members who post less than 5 entries a year are subject to removal. Accounts used as splash pages, front door pages or link pages to other sites are subject to removal.


Miscellaneous

JSector, JSector, JSector.com, the JSector logo, the JSector logo and other version of JSector graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of JSector or its subsidiaries. JSector’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not JSector’s, in any manner without JSector’s permission. Any use made of these marks may be infringement of rights.

If any of the TOS should be determined to be illegal, invalid or otherwise unenforceable, the term or terms in question shall be severed and deleted from the TOS and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
These TOS will be governed by the laws of France. Any disputes arising relating to the JSector.com Service will be exclusively subject to the jurisdiction of the court of Versailles.