BY ACCESSING OR USING WEBEDITION YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS OF THESE WEBEDITION TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE WEBEDITION TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE WEBEDITION.
WebEdition Terms of Service
Last Modified: June 17, 2016
Effective Date: June 17, 2016
1.1. Introduction. This WebEdition Terms of Service document (these “WebEdition Terms”) is an agreement between you (referred to in these WebEdition Terms as “you” or “your”) and Journey Group, Inc., a Virginia corporation (referred to in these WebEdition Terms as “Journey Group”, “we”, “us”, or “our”), the owner and operator of a digital publishing platform known as WebEdition (“WebEdition” or the “Service”) that can be accessed at http://yourwebedition.com (the “WebEdition Website”). In these WebEdition Terms, the websites located at journeygroup.com and yourwebedition.com (and any subdomains of those domain names) are collectively referred to as the “Journey Group Websites”. You agree to read these WebEdition Terms carefully.
1.2. Your Company. If you create a WebEdition Account (as defined below) on behalf of another person or entity (“Your Company”), you represent and warrant to us that you have the authority and authorization to bind Your Company to these WebEdition Terms, and in that case: (i) in Section 1.1 above, the term “you” refers both to you and Your Company, and (ii) in every other section of these WebEdition Terms except for Section 1.1 above and this Section 1.2, the terms “you” and “your” refer to Your Company. If you do not have such authority and authorization, or if you or Your Company do not agree to all of the provisions of these WebEdition Terms, neither you nor Your Company are permitted to access or use WebEdition.
1.3. Binding Contract. You acknowledge that these WebEdition Terms are a legally binding contract between you and Journey Group, even though it is not physically signed, and you acknowledge that these WebEdition Terms govern your access and use of WebEdition and the Journey Group Websites. In these WebEdition Terms, you and Journey Group are referred to individually as a “party” and collectively as the “parties”, and “User” (and “user”) refers to a person who accesses or uses WebEdition.
1.4. Important Provisions. These WebEdition Terms include important provisions affecting your legal rights and obligations, including, for example, a disclaimer of warranties and limitation of liability by Journey Group (see Section 12), dispute resolution provisions that include a waiver of the right to a jury, a waiver of the right to participate in a class action or similar proceeding, a limitation of the period of time for bringing a claim against us, and an agreement that any court or arbitration proceedings will take place only in Albemarle County, Virginia or the City of Charlottesville, Virginia (see Section 14), and an obligation for you to pay any expenses and liabilities (such as damages, costs, or legal claims) that the Journey Group Parties (as defined below) suffer as a result of your violation of any of the provisions of these WebEdition Terms (see Section 11). The previous examples are not comprehensive, and you are responsible for reading and agreeing to all of the provisions of these WebEdition Terms as a condition of your access and use of WebEdition.
2. Users Under 18. You may only create or use a WebEdition Account or use WebEdition if you are (a) at least eighteen (18) years old, and (b) allowed by law to enter into a binding contract. If you are not at least eighteen (18) years old, you must not access or use WebEdition.
5. Description of WebEdition. As used in these WebEdition Terms, “WebEdition” (or the “Service”) refers collectively to WebEdition, the WebEdition Website, and all Paid Services (as defined in Section 8.2 below), together with all related services that we may provide to or for you. WebEdition is an online, interactive digital publishing platform that allows users to create and publish digital magazines and other materials (“Your Publications”). You acknowledge and agree that WebEdition is always evolving and that we may, at any time and without notice to you, add or remove features or functionality of WebEdition or modify or discontinue WebEdition, in whole or in part. WebEdition may contain links to third party websites or advertisements or promotions for third party products and services. We are not responsible for any content, products, or services provided by others. The inclusion of any link to such sites or advertisements or promotions of such products or services does not imply endorsement by Journey Group or its Affiliates (as defined in Section 11 below).
6. Your WebEdition Account and User Content.
6.1. Registration. In order to use WebEdition, you must register with Journey Group and create an account (a “WebEdition Account”). Our registration process currently requires you to complete a signup form and provide your e-mail address and select a password (your “Login Credentials”). We may permit or require you to provide additional information in order to use WebEdition or certain features of WebEdition. As used in these WebEdition Terms, “Account Information” means all information associated with your WebEdition Account. You agree to update your Account Information, as necessary, to ensure that it remains current, accurate, and complete. You authorize us to verify your Account Information at any time. If any of your Account Information is untrue, inaccurate, incomplete, or not current, we retain the right, in our sole discretion, to suspend or terminate your WebEdition Account and your access to the Service.
6.2. User Content. As used in these WebEdition Terms, “Your Content” means your Account Information, Your Publications, and all content (including without limitation, text, photos, graphics, audio, video, and other materials) you and your Authorized Users (as defined in Section 7.1 below) upload, post, sends, submit, transmit, or otherwise transfer to or through WebEdition. You acknowledge and agree that we do not prescreen and are not responsible for Your Content. Nevertheless, we may at any time, with or without notice to you, block, interrupt, delete, or otherwise remove, disable or restrict access to, or refuse to display or transmit any of Your Content.
7. Using WebEdition.
7.1. Authorized Users. As used in these WebEdition Terms, “Authorized Users” (each, an “Authorized User”) means your employees, contractors, agents, or representatives who you authorize (a) to access or use your WebEdition Account, and/or (b) to use WebEdition on your behalf in connection with the creation, publication, and distribution of Your Publications. We may permit or require each Authorized User to have separate login credentials to access and use WebEdition in connection with your WebEdition Account. You agree that you will require your Authorized Users to comply with these WebEdition Terms, and you acknowledge and agree that you are liable, and accept full responsibility for, all actions taken by your Authorized Users in connection with WebEdition, regardless of whether such actions are authorized by you.
7.3. Your Responsibilities. You are responsible for maintaining the confidentiality of the Login Credentials used to access your WebEdition Account. You acknowledge and agree that you are responsible for any activities that occur through your WebEdition Account, whether or not authorized by you or your Authorized Users. You agree to immediately notify us of any security breach associated with your Login Credentials or your WebEdition Account and of any unauthorized use of your WebEdition Account. We will not be liable for your losses caused by any unauthorized use of your WebEdition Account, and you acknowledge and agree that you may be liable for the losses of the Journey Group Parties or others due to such unauthorized use.
8. Service Plans and Paid Services.
8.1. Service Plans. We require each WebEdition Account to be subscribed to one of the Service Plans listed on the Journey Group Websites at: http://yourwebedition.com/ (each, a “Service Plan”). When you create a WebEdition Account, you will be required to select and subscribe to a Service Plan for your WebEdition Account (your “WebEdition Subscription”). We may allow you to subscribe to a Service Plan on a free trial basis, subject to all of the terms and conditions of these WebEdition Terms.
8.2. Paid Services. Certain Service Plans, options, upgrades, features, and other components of the Service (each, a “Paid Service”) are available only to users who have purchased subscriptions to such Paid Services (each, a “Paid Subscription”). If you choose to purchase any Paid Subscriptions, you are granted permission to use the applicable Paid Services in connection with your use of WebEdition for the duration of your Paid Subscriptions. We may change the fees for our Paid Services at any time, but no such fee changes will apply to any of your Paid Subscriptions until such Paid Subscription is renewed.
8.3. Service Period. The term of these WebEdition Terms (the “Service Period”) will commence on the date your WebEdition Account is created, and, unless otherwise sooner terminated as provided in these WebEdition Terms, will continue until the earlier of (a) the expiration or termination of your WebEdition Subscription, or (b) the closure, deletion, or termination of your WebEdition Account or these WebEdition Terms.
8.4. Ordering and Managing Paid Services. As used in these WebEdition Terms, a “Creative Services Agreement” means a separate written agreement provided by Journey Group that references these WebEdition Terms. Some Paid Services may be ordered and managed directly through the WebEdition Website, and some Paid Services may only be ordered and managed by signing a separate Creative Services Agreement. In the event that any provision of a Creative Services Agreement conflicts with or is inconsistent with any provision of these WebEdition Terms, the Creative Services Agreement will prevail and control.
8.5.2. Fees. You are responsible for making full and complete payment for all Paid Subscriptions. Except as otherwise stated in the terms of any Paid Service or in any fully executed Creative Services Agreement, you will pay Journey Group for all Paid Subscriptions when you order the Paid Subscription. You may be required to pay for a Paid Subscription by credit card, and you authorize us to charge any credit card(s) that you include as part of your Payment Information for all payments owed for such Paid Subscription. In no event are we responsible for any failure to process payment for or renewal of any Paid Subscriptions. In the event of a charge back by a credit card company, or any similar action by a payment provider or payment processor (a “Charge Back”), you agree that we may suspend, cancel, close, or terminate your Paid Subscriptions, your WebEdition Subscription, and/or your WebEdition Account. If, within five (5) days of the Charge Back, you pay our then current reinstatement fee and all other payments due to us for your Paid Subscriptions, we will reinstate your Paid Subscriptions, your WebEdition Subscription, and your WebEdition Account. However, we reserve the right, for any reason, to refuse to reinstate your Paid Subscriptions, your WebEdition Subscription, and your WebEdition Account, in which case we will not accept your payment of the reinstatement fee.
8.5.3. Taxes. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with the Paid Subscriptions. If Journey Group has the legal obligation to pay or collect Taxes for which you are responsible under this Section 8.5.3, we will invoice you for that amount unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority, and you will pay such Taxes within thirty (30) days of receipt of the invoice therefor. For clarity, Journey Group is solely responsible for taxes assessable against it based on its income, property, and employees.
8.6. Expiration and Renewal. Each Paid Subscription will automatically terminate on its expiration date unless we receive and accept full payment from you before such expiration date. Paid Subscriptions may be renewed by payment of the then current renewal fee for the applicable Paid Service (see the WebEdition Fee Schedule at http://yourwebedition.com/pricing). You acknowledge and agree that it is your responsibility to keep and maintain your own records and reminders regarding when your Paid Subscriptions are scheduled to expire. As a convenience to you, we may send you a reminder notice informing you when the renewal fees for your Paid Subscriptions are due, but we have no obligation to do so. Unless you turn off the auto renew option, you agree that we may (but are not obligated to) attempt to renew each Paid Subscription within a reasonable period of time before its expiration date using the Payment Information (if any) associated with your WebEdition Account at our then current fee for such Paid Service (see the WebEdition Fee Schedule at http://yourwebedition.com/pricing).
9. Intellectual Property Rights.
9.1. Generally. You acknowledge and agree that except as otherwise expressly stated in these WebEdition Terms, and except for Your Content, Journey Group (or its licensors) own all Intellectual Property Rights in and to WebEdition, together with all content and materials displayed, transmitted, performed, included, or provided on or through WebEdition and the Journey Group Websites, including without limitation all text, titles, photos, graphics, logos, designs, audio and video transmissions and recordings, and other content (collectively, “WebEdition Materials”). Except as otherwise expressly provided in these WebEdition Terms, we retain all rights in and to WebEdition and the WebEdition Materials. As used in these WebEdition Terms, “Intellectual Property Rights” means intellectual property rights arising from or in respect of the following, whether protected, created or arising under the laws of the United States or any other jurisdiction: (a) fictional business names, trade names, company and corporate names, trademarks and service marks (whether registered or unregistered, including any applications for registration of any of the foregoing), logos, Internet domain names, and trade dress rights, together with the goodwill associated with any of the foregoing (collectively, “Marks”); (b) inventions, patent applications, and patents issued therefrom in the United States and in all other countries, including all continuations, divisionals, continuations-in-part, inventions registrations, re-examinations, registrations, renewals, utility models, reissues and the like corresponding thereto (collectively, “Patents”); (c) copyrights and registrations and applications therefor (collectively, “Copyrights”); (d) proprietary and confidential information which constitute trade secrets, such as proprietary and confidential know-how, inventions, discoveries, concepts, ideas, methods, processes, designs, formulae, technical data, drawings, specifications, and data bases in each case excluding any of the foregoing to the extent the rights therein comprise or are protected by Copyrights or Patents (collectively, “Trade Secrets”); (e) publicity rights, including without limitation the right to use a Person’s name, image, photo, portrait, voice, sound-alike, likeness, and persona for advertising, marketing, promotional, trade, business, and commercial purposes (collectively, “Publicity Rights”); and (f) moral rights and privacy rights (collectively, “Other IP Rights”).
9.2. Our Trademarks. The names Journey Group, WebEdition, and the graphics, icons, logos, service names, designs, and layouts associated with WebEdition are the trademarks, service marks, or trade dress of Journey Group in the United States and/or other countries. You acknowledge and agree that you will not use any of our Marks (including as part of other marks and/or Internet domain names) in connection with any product or service in any manner that is likely to cause confusion or dilution of our Marks. All other Marks are the property of the respective owners.
10. Advertising. WebEdition and the Journey Group Websites may include advertising, which may be targeted to you based on Your Content, your use of WebEdition, and other information. You consent to Journey Group (and our third party providers, partners, and affiliates) (a) placing such advertising in WebEdition and on the Journey Group Websites, and (b) displaying such advertising in connection with the display of Your Content.
12. Disclaimers and Limitation of Liability - PLEASE READ CAREFULLY: This Section 12 limits the liability of the Journey Group Parties. The provisions of this Section apply to the maximum extent permitted under applicable law. Some jurisdictions do not permit the limitation of liability in contracts or the disclaimers of implied warranties, so some or all of the provisions of this Section 12 may not apply to you.
12.1. You understand that we cannot and do not guarantee or warrant that content or materials available for downloading from the Internet or transmitted through the Journey Group Websites will be free of viruses, malware, or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus and anti-malware protection and for maintaining a means for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT, DAMAGE, OR DELETE YOUR DEVICES OR DATA DUE TO YOUR USE OF WEBEDITION OR YOUR ACCESSING OR DOWNLOADING ANY WEBEDITION MATERIALS OR OTHER MATERIALS AVAILABLE ON OR THROUGH WEBEDITION OR LINKED TO FROM THE JOURNEY GROUP WEBSITES.
12.2. TO THE FULLEST EXTENT PERMITTED BY LAW, WE HAVE NO LIABILITY OF ANY KIND TO YOU OR OTHERS AS A RESULT OF ANY LOSS, THEFT, DELETION, DESTRUCTION, ALTERATION, OR CORRUPTION OF, DAMAGE, UNAUTHORIZED ACCESS TO, OR FAILURE TO TRANSMIT, STORE, BACKUP, OR ENCRYPT ANY ACCOUNT INFORMATION OR ANY DATA OR FILES STORED ON ANY DEVICE USED TO ACCESS WEBEDITION OR STORED IN ANY THIRD PARTY SERVICE OR ACCOUNT CONNECTED TO YOUR WEBEDITION ACCOUNT.
12.3. YOUR USE OF WEBEDITION, THE JOURNEY GROUP WEBSITES, AND ALL CONTENT AND INFORMATION THAT IS PROVIDED OR CAN BE ACCESSED USING WEBEDITION OR THE JOURNEY GROUP WEBSITES AT YOUR OWN RISK AND ALL OF THE FOREGOING ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
12.4. THE JOURNEY GROUP PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND RELATING TO WEBEDITION, THE JOURNEY GROUP WEBSITES, AND ALL CONTENT AND INFORMATION THAT IS PROVIDED OR CAN BE ACCESSED USING WEBEDITION OR THE JOURNEY GROUP WEBSITES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NONE OF THE JOURNEY GROUP PARTIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, COMPLETENESS, APPROPRIATENESS, LEGALITY, SAFETY, OR AVAILABILITY OF WEBEDITION, THE JOURNEY GROUP WEBSITES, OR ANY CONTENT AND INFORMATION THAT IS PROVIDED ON, OR WHICH CAN BE ACCESSED USING, WEBEDITION OR THE JOURNEY GROUP WEBSITES. WITHOUT LIMITING THE FOREGOING, NONE OF THE JOURNEY GROUP PARTIES REPRESENTS OR WARRANTS THAT WEBEDITION, THE JOURNEY GROUP WEBSITES, AND ANY CONTENT AND INFORMATION THAT IS PROVIDED ON, OR WHICH CAN BE ACCESSED USING, WEBEDITION OR THE JOURNEY GROUP WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT WEBEDITION OR THE JOURNEY GROUP WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT WEBEDITION, THE JOURNEY GROUP WEBSITES, OR ANY CONTENT AND INFORMATION THAT IS PROVIDED, OR WHICH CAN BE ACCESSED USING, THE WEBEDITION OR THE JOURNEY GROUP WEBSITES WILL OTHERWISE MEET ANY OF YOUR NEEDS OR EXPECTATIONS.
12.5. TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF THE JOURNEY GROUP PARTIES WILL HAVE ANY LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON ARISING OUT OF, RELATED TO, OR ASSOCIATED WITH (A) YOUR USE OF WEBEDITION AND/OR THE JOURNEY GROUP WEBSITES, (B) THE USE OF WEBEDITION AND/OR THE JOURNEY GROUP WEBSITES BY ANY OTHER PERSON, OR (B) THE OPERATION OR MALFUNCTION OF WEBEDITION AND/OR THE JOURNEY GROUP WEBSITES, REGARDLESS OF WHETHER OR NOT SUCH PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.6. TO THE FULLEST EXTENT PERMITTED BY LAW, THE LIABILITY OF THE JOURNEY GROUP PARTIES TO YOU OR ANY OTHER PERSON FOR ANY REASON AND UPON ANY CAUSE OF ACTION (WHETHER BASED IN TORT, CONTRACT, OR ON ANY LEGAL OR EQUITABLE GROUND OR THEORY OF RECOVERY) ARISING OUT OF OR RELATING TO YOUR USE OF WEBEDITION, THE JOURNEY GROUP WEBSITES, AND/OR ANY OTHER JOURNEY GROUP SERVICES, WILL BE LIMITED TO THE LESSER OF YOUR ACTUAL DAMAGES OR THE TOTAL FEES PAID BY YOU TO JOURNEY GROUP PURSUANT TO THIS THESE WEBEDITION TERMS DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING SUCH LIABILITY. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TORT, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, NON-INFRINGEMENT, AND OTHER CAUSES OF ACTION OR ALLEGATIONS.
12.7. You and Journey Group acknowledge that the disclaimers and limitations of liability in this Section 12 represent the bargained for allocations of risk, and that the consideration received by Journey Group from you under these WebEdition Terms represents such allocations of risk. You acknowledge and agree: (a) that neither Journey Group nor any Person or entity acting, or purporting to act, on behalf of Journey Group has made any representations to you other than those representations expressly made by Journey Group in these WebEdition Terms, and (b) that in connection with your acceptance of these WebEdition Terms, you have not relied upon any representations made by Journey Group or any Person or entity acting, or purporting to act, on behalf of Journey Group other than those representations and warranties expressly made by Journey Group in these WebEdition Terms.
12.8. SOME JURISDICTIONS EITHER DO NOT ALLOW OR OTHERWISE LIMIT THE PERMISSIBLE SCOPE OF DISCLAIMERS AND LIMITATIONS SUCH AS THOSE APPEARING IN THIS SECTION 12. ACCORDINGLY, SOME OF THE LIMITATIONS AND DISCLAIMERS APPEARING IN THIS SECTION MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION 12 WILL CONTINUE TO APPLY EVEN IF YOU STOP USING WEBEDITION OR THE JOURNEY GROUP WEBSITES AND WILL SURVIVE THE END OF THE SERVICE PERIOD AND THE DELETION, CLOSURE, EXPIRATION, OR TERMINATION OF YOUR WEBEDITION ACCOUNT OR THESE WEBEDITION TERMS.
13. Governing Law and Interpretation. These WebEdition Terms will be governed by and construed in accordance with the laws of the Commonwealth of Virginia and the applicable federal laws of the United States, without regards to the conflicts of law provisions of any jurisdiction. Without limiting the foregoing provision, the parties agree that the Virginia Uniform Computer Information Transactions Act, Virginia Code §§ 59.1-501.1 et seq. (“UCITA”), is expressly excluded from these WebEdition Terms and that any and all terms contained in UCITA will have no force and effect on any portion of these WebEdition Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these WebEdition Terms. If any ambiguity or question of intent or interpretation arises, these WebEdition Terms will be construed as if drafted jointly by Journey Group and you, and no presumptions or burden of proof will arise favoring or disfavoring Journey Group or you by virtue of authorship of any of the provisions of these WebEdition Terms. We retain all rights at law and in equity to enforce the provisions of these WebEdition Terms in accordance with applicable laws.
14. Dispute Resolution – PLEASE READ CAREFULLY: This Section 14 includes important provisions that affect your legal rights, including a waiver of the right to a jury, a limitation of the period of time for bringing a claim against us, and an agreement that any court proceedings will take place only in Virginia.
14.1. Injunctive Relief. You acknowledge and agree that any violation of these WebEdition Terms may cause irreparable harm to the Journey Group Parties, for which monetary damages would not be an adequate remedy. Therefore, you agree that: (a) Journey Group will be entitled to immediate injunctive relief to enjoin any actual, suspected, threatened, or potential violation by you of these WebEdition Terms; (b) Journey Group will be entitled to such injunctive relief without any obligation (i) to post a bond or other security, or (ii) to prove actual damages or to prove that monetary damages will not provide an adequate remedy; and (c) you will not oppose or otherwise challenge the appropriateness of injunctive relief or the entry by a court of competent jurisdiction of an order granting injunctive relief.
14.2. Service of Legal Process. If your Account Information does not contain your current and accurate physical address (or if we are unable, after reasonable efforts, to effect service of process on you at such physical address), you hereby irrevocably agree to accept service of process by any means of communication associated with your WebEdition Account or through any contact information in your Account Information, including without limitation, service by U.S. mail, e-mail, SMS, messages or alerts displayed or sent to you through WebEdition, or social media messages, posts, or tweets, and you waive any objections to service of process by such methods.
14.3. Time Period for Bringing Claims. YOU MUST COMMENCE OR FILE ANY CLAIM OR ACTION ARISING OUT OF OR RELATING TO (A) THESE WEBEDITION TERMS, (B) WEBEDITION AND/OR THE JOURNEY GROUP WEBSITES (OR THE USE OF ANY OF THE FOREGOING BY YOUR OR ANY OTHER PERSON), (C) THE PERFORMANCE OR NON-PERFORMANCE BY JOURNEY GROUP OF ANY OF OBLIGATIONS UNDER THESE WEBEDITION TERMS, OR (D) ACTUAL OR ALLEGED INFRINGEMENT BY ANY OF THE JOURNEY GROUP PARTIES, WEBEDITION, OR THE JOURNEY GROUP WEBSITES OF ANY INTELLECTUAL PROPERTY RIGHTS WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION IS PERMANENTLY BARRED. YOU EXPRESSLY WAIVE THE RIGHT TO COMMENCE OR FILE ANY SUCH CLAIM OR ACTION UNDER ANY LONGER STATUTE OF LIMITATIONS.
14.4. Venue. Any and all claims and disputes arising out of or relating to (a) these WebEdition Terms, (b) WebEdition, the Journey Group Websites, and/or any other Journey Group Services (or the use of any of the foregoing by you or any other Person), (c) the performance or non-performance by you or Journey Group of any of obligations under these WebEdition Terms, or (d) actual or alleged infringement by you, any of the Journey Group Parties or Affiliates, WebEdition, or the Journey Group Websites of any Intellectual Property Rights, will be commenced and maintained only in a state or federal court of competent subject matter jurisdiction situated or located in Albemarle County, Virginia or the City of Charlottesville, Virginia. YOU AND JOURNEY GROUP BOTH CONSENT TO THE EXCLUSIVE PERSONAL JURISDICTION OF AND VENUE IN ANY SUCH COURT (AND IN ANY OF THE APPROPRIATE APPELLATE COURTS THEREFROM) AND IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION (INCLUDING WITHOUT LIMITATION ANY OBJECTION BASED ON INCONVENIENT FORUM) WHICH YOU OR JOURNEY GROUP MAY NOW OR HEREAFTER HAVE TO VENUE IN ANY SUCH COURT.
14.5. Waiver of Jury Trial. YOU AND JOURNEY GROUP IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU OR JOURNEY GROUP MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO (A) THESE WEBEDITION TERMS, (B) WEBEDITION, THE JOURNEY GROUP WEBSITES, AND/OR ANY OTHER JOURNEY GROUP SERVICES (OR THE USE OF ANY OF THE FOREGOING BY YOU OR ANY OTHER PERSON), (C) THE PERFORMANCE OR NON-PERFORMANCE BY YOU OR JOURNEY GROUP OF ANY OF OBLIGATIONS UNDER THESE WEBEDITION TERMS, OR (D) ACTUAL OR ALLEGED INFRINGEMENT BY YOU, ANY OF THE JOURNEY GROUP PARTIES OR AFFILIATES, WEBEDITION, OR THE JOURNEY GROUP WEBSITES OF ANY INTELLECTUAL PROPERTY RIGHTS. YOU CERTIFY AND ACKNOWLEDGE THAT: (1) NONE OF THE JOURNEY GROUP PARTIES HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT JOURNEY GROUP WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION; (2) YOU HAVE CAREFULLY CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (3) YOU ARE MAKING THIS WAIVER KNOWINGLY AND VOLUNTARILY; AND (4) YOU HAVE BEEN INDUCED TO ENTER INTO THESE WEBEDITION TERMS BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS IN THIS SECTION.
15. Acceptable Use Policy.
15.1. Excessive Resources. If your use of WebEdition (including the viewing of Your Publications by third parties) uses or requires substantially more bandwidth, RAM, or storage resources than the average WebEdition customer, we reserve the right, upon notice to you, to require you to pay additional usage fees, to limit or throttle your access to WebEdition and access to Your Publications by third parties, and/or to suspend or close your WebEdition Account.
15.2. Safety and Rights of Others. You agree that you will not:
15.2.1. Transmit spam, junk mail, chain letters, pyramid schemes, or the like through WebEdition;
15.2.2. Transmit through WebEdition any other person’s private or sensitive information, including, for example, Social Security numbers or taxpayer identification numbers, passport numbers, driver’s license numbers or other government-issued identification numbers, bank account numbers, credit or debit card numbers, login or authentication credentials (such as passwords), non-public contact information (including phone numbers, street or mailing addresses, and e-mail addresses), addresses or locations that are considered and treated as private, images or videos that are considered and treated as private under applicable laws, or other similar information;
15.2.3. Submit any content that is obscene, defamatory, libelous, slanderous, threatening, harassing, abusive, embarrassing, hateful, or racially or ethnically offensive to any other person, or that is unlawful or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or
15.2.4. Use WebEdition to impersonate any person.
15.3. No Disruptive Activities. We want all of our users to enjoy a high quality experience when using WebEdition. You agree that you will not:
15.3.1. Send any content or materials to or through WebEdition that do not comply with these WebEdition Terms;
15.3.2. Access or use WebEdition using the WebEdition Account of another user;
15.3.3. Circumvent, compromise, or undermine the security or integrity of WebEdition or the Journey Group Websites, or attempt to do so;
15.3.4. Probe, scan, or test the vulnerability of WebEdition, the Journey Group Websites, or an systems, networks, servers, computers, devices, or equipment owned or controlled by any of the Journey Group Parties or our users;
15.3.5. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of WebEdition or the Journey Group Websites, or any server, network, computer, device, system, or database owned or controlled by any of the Journey Group Parties (or any WebEdition user) or related to, associated with, or connected to WebEdition or the Journey Group Websites;
15.3.6. Use any automated device, process, or means (such as robots or spiders) to access or use WebEdition or the Journey Group Websites for any purpose, including monitoring or copying any WebEdition Materials;
15.3.7. Attack WebEdition or the Journey Group Websites via a denial-of-service or distributed denial-of-service attack;
15.3.8. Use WebEdition in any manner that we believe could disable, overburden, damage, impair, or interfere with the proper operation of WebEdition;
15.3.9. Interfere with or disrupt the performance or integrity of WebEdition or any data transmitted by or through WebEdition;
15.3.10. Engage in any other conduct that, in our determination, restricts or inhibits anyone’s use or enjoyment of WebEdition or the Journey Group Websites or that may harm any of the Journey Group Parties or our users or expose the Journey Group Parties or our users to liability; or
15.3.11. Transmit any viruses, Trojan horses, worms, malware, or other material which is malicious or technologically harmful through WebEdition.
17.1. Definitions. As used in these WebEdition Terms:
17.1.1. “Laws” (or “laws”) means all constitutions, treaties, ordinances, statutes, codes, rules, regulations, orders, injunctions, writs, or decrees of any government or political subdivision or agency thereof, or any court or similar entity established by any thereof, and the common law arising from final, non-appealable decisions of any government authority.
17.1.2. “Person” (or “person”) means any individual, corporation, limited liability company, partnership, limited liability partnership, association, joint-stock company, trust, unincorporated organization, joint venture, court or government or political subdivision or agency thereof, any other business entity or legal entity, and any legal person.
17.2. Relationship Between You and Journey Group; No Third-Party Beneficiaries. Nothing in these WebEdition Terms will be construed as creating any partnership, joint venture, franchise, employment relationship, or agency relationship in any way between you and any of the Journey Group Parties. You will not have apparent or actual authority to bind any of the Journey Group Parties to any debt, contract, or other arrangement. Nothing in these WebEdition Terms is intended, nor will be deemed, to confer any rights or remedies upon any Person other than the Journey Group Parties and you.
17.3. Further Assurances. You agree to execute, acknowledge, and deliver all such further documents, and take such further action, as may be reasonably required to carry out and consummate the transactions contemplated by these WebEdition Terms.
17.4. Non-Waiver. The failure of you or Journey Group to exercise or enforce any right or provision of these WebEdition Terms will not operate as a waiver of your or our right to do so later.
17.5. Severability. If any provision of these WebEdition Terms is finally determined to be void, unenforceable, invalid, or otherwise contrary to law or equity, you and Journey Group agree to reform (or as necessary, authorize the arbitrator(s) or court to reform) these WebEdition Terms to the extent necessary to cure (or if necessary, delete) such provision, and that the remainder of these WebEdition Terms that can be given effect without the benefit of such provision will be given effect.
17.6. No Assignment. These WebEdition Terms are personal to you. Neither these WebEdition Terms nor any of your rights or obligations may be sold, transferred, delegated, or assigned by you without our prior written consent, and any attempt to do so without such consent will be void, and no rights will devolve by operation of law or otherwise upon any assignee, receiver, liquidator, trustee, or other person. Subject to the foregoing, these WebEdition Terms will be binding upon and inure to the benefit of the Parties and their respective successors, assigns, and legal representatives.
17.7. Headings. The descriptive headings in these WebEdition Terms are inserted for convenience only and do not constitute a part of these WebEdition Terms.
17.8. Entire Agreement. These WebEdition Terms contain the entire agreement and understanding between you and us with respect to the transactions contemplated hereby, and these WebEdition Terms supersede and replace any other prior or contemporaneous agreements, terms, or conditions applicable to the subject matter of these WebEdition Terms.