Emerson Jacob Group LLC. ("Emerson Jacob" or "we") operates Whatiknowthebook.com, which is a website that offers information on the book, What I Know, and allows users to submit, share, and discover advice. The services offered by Emerson Jacob include any Whatiknowthebook-branded URL (the "Whatiknowthebook.com Website"), the What I Know newsletter, and any other features, content, or applications offered from time to time by Emerson Jacob in connection with Emerson Jacob's business (collectively, the "Emerson Jacob Services"). The Emerson Jacob Services are hosted in the United States, and intended for users in the United States 18 years of age or older.
These terms of use were last updated on June 18, 2009.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Emerson Jacob Services. By using the Emerson Jacob Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Whatiknowthebook Website, including through a mobile device, or otherwise use the Whatiknowthebook Services without being registered) or you are a "Member" (which means that you have submitted content and/or your contact information to Emerson Jacob). The term "User" refers to a Visitor or a Member. You are only authorized to use the Emerson Jacob Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Whatiknowthebook Website and discontinue use of the Emerson Jacob Services immediately. If you wish to become a User, you must read this Agreement.
Emerson Jacob may modify this Agreement from time to time and such modification shall be effective upon posting by Emerson Jacob on the Whatiknowthebook Website. Your continued use of the Emerson Jacob Services after Emerson Jacob posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Emerson Jacob Services. Your may not include any form of Prohibited Content, as outlined in Section 5 below. Despite this prohibition, information, materials, products or services provided by other Emerson Jacob users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Emerson Jacob assumes no responsibility or liability for this material. If you become aware of misuse of the Emerson Jacob Services by any person, please click on the "Contact" link at the top of the Whatiknowthebook Website pages.
To the extent that Emerson Jacob becomes aware of content it finds objectionable for any reason, in its sole discretion, it may to reject or remove any content posted by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Emerson Jacob Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Emerson Jacob expressly reserves the right to deny, restrict, suspend, or terminate your access to all or any part of the Emerson Jacob Services if Emerson Jacob determines, in its sole discretion, that you have violated this Agreement or pose a threat to Whatiknowthebook and/or its Users.
If you believe that any content posted to whatiknowthebook.com is in violation of your copyright registration, please contact us immediately at contact@whatiknowthebook.com and we will remove the content in question.
1. Eligibility. Use of the Emerson Jacob Services is void where prohibited. By using the Emerson Jacob Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Emerson Jacob Services does not violate any applicable law or regulation. Your submissions may be deleted without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect in perpetuity.
3. Proprietary Rights in Content on Whatiknowthebook.com.
3.1 It is important to recognize that any content (writing, photographs, drawings, video, etc.) submitted on Whatiknowthebook become solely the property of Emerson Jacob. Emerson Jacob reserves the right to edit and reproduce any content as the sole copyright holder.
3.2 By submitting content to Whatiknowthebook.com, you hereby release Emerson Jacob, its employees, agents, representatives, successors, licensees, and assigns from all claims and liability of any kind whatsoever, arising out of or related to, the exercise of any of the rights granted to Emerson Jacob, including, without limitation, for any violation of any rights of privacy, publicity, defamation, or any other personal or property right.. In no event shall I have any right to seek or obtain injunctive or other equitable relief with respect to Emerson Jacob, Whatiknowthebook, and/or any other Emerson Jacob production, and/or the production, distribution, exhibition, exploitation, advertising, promotion, and/or merchandising thereof.
3.3 You represent and warrant that: (i) you own the Content posted by you on or through the Emerson Jacob and does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
4. Content Posted.
4.1 Emerson Jacob does not monitor all the Emerson Jacob Services for inappropriate Content or conduct. If at any time Emerson Jacob is made aware of objectionable content, it will remove that content in its sole discretion.
4.2 You are solely responsible for the Content that you post on or through any of the Emerson Jacob Services, and any material or information that you transmit to other Users and for your interactions with other Users.
5. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Emerson Jacob Services. This is not an exhaustive list. Emerson Jacob reserves the right to investigate and take appropriate legal action against anyone who, in Emerson Jacob’s sole discretion violates this provision, including without limitation, removing the offending Content from the Emerson Services. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Emerson Jacob:
5.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
5.2 harasses or advocates harassment of another person;
5.3 exploits people in a sexual or violent manner;
5.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
5.5 solicits personal information from anyone under 18;
5.6 publicly posts information that poses or creates a privacy or security risk to any person;
5.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
5.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
5.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
5.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
5.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
5.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
5.13 involves commercial activities and/or sales without prior written consent from Emerson Jacob such as contests, sweepstakes, barter, advertising, or pyramid schemes;
5.14 includes a photograph or video of another person that you have posted without that person's consent.
The following are examples of the kind of activity that is illegal or prohibited on the Whatiknowthebook Website and through your use of the Emerson Jacob Services. Emerson Jacob reserves the right to investigate and take appropriate legal action against anyone who, in Emerson Jacob's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
5.15 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
5.16 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
5.17 impersonating or attempting to impersonate another Member, person or entity;
5.18 using any information obtained from the Emerson Jacob Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
5.19 using the Emerson Jacob Services in a manner inconsistent with any and all applicable laws and regulations.
6. Protecting Copyrights and Other Intellectual Property. Emerson Jacob respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Emerson has the right to remove content of infringers.
7. Disclaimers. Emerson Jacob is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Emerson Jacob Services, whether caused by Users of the Emerson Jacob Services or by any of the equipment or programming associated with or utilized in the Emerson Jacob Services and such User Content does not necessarily reflect the opinions or policies of Emerson Jacob. Inclusion of any linked website on the Emerson Jacob Services does not imply approval or endorsement of the linked website by Emerson Jacob. When you access these third party sites, you do so at your own risk.. Emerson Jacob is not responsible for the conduct, whether online or offline, of any User of the Emerson Jacob Services. Under no circumstances shall Emerson Jacob be responsible for any loss or damage, including personal injury or death, resulting from use of the Emerson Jacob Services, from any User Content posted on or through the Emerson Jacob Services, or from the conduct of any Users of the Emerson Jacob Services, whether online or offline.
8. Limitation on Liability. IN NO EVENT SHALL EMERSON JACOB BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE EMERSON JACOB SERVICES, EVEN IF EMERSON JACOB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Emerson Jacob agree to submit to the exclusive jurisdiction of the courts located within the State of New York to resolve any dispute arising out of the Agreement or the Emerson Jacob Services EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
10. Indemnity. You agree to indemnify and hold Emerson Jacob, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Emerson Jacob Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on or through the Emerson Jacob Services.
11. Other. This Agreement is accepted upon your use of the Whatiknowthebook.com Website or any of the Emerson Jacob. This Agreement constitutes the entire agreement between you and Emerson Jacob regarding the use of the Emerson Jacob Services. The failure of Emerson Jacob to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: "Contact@whatiknowthebook.com" with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
