Terms and Conditions of use.
jotta.com is a social networking service provided by 15Creative Limited, of 12 Newburgh Street, London W1F 7RP enabling users to upload their portfolio online in order to communicate with and be known by the creative industry. The services offered by jotta.com ("jotta" or "we") include the jotta.com website (the "jotta Website"), the jotta.com online magazine, and any other features, content, or applications offered from time to time by jotta in connection with the jotta Website (collectively, the "jotta Services"). The jotta Services are hosted in the United Kingdom.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the jotta Services. By using the jotta Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the jotta Website) or you are a "Member" (which means that you have registered with jotta). The term "User" refers to a Visitor or a Member. You are only authorized to use the jotta Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the jotta Website and discontinue use of the jotta Services immediately.
This Agreement includes jotta's policy for acceptable use of the jotta Services and Content posted on the jotta Website, your rights, obligations and restrictions regarding your use of the jotta Services and jotta's Privacy Policy. In order to participate in certain jotta Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the jotta Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
You may receive a copy of this Agreement by emailing us at: help@jotta.com, Subject: Terms of Use Agreement.
jotta may modify this Agreement from time to time and such modification shall be effective upon posting by jotta on the jotta Website. jotta will inform Members by email about such modifications. If you do not agree with such modification you have the right to terminate your membership with jotta. You agree to be bound to any changes to this Agreement when you use the jotta Services after the modification has been posted for at least one month. 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 the jotta Website and that you provide to other Users. Your jotta profile may not include the following items: any photographs containing obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other jotta Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and jotta assumes no responsibility or liability for this material. If you become aware of misuse of the jotta Services by any person, please contact jotta or click on the "Report Inappropriate Content" link at the bottom of any jotta.com page.
jotta reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the jotta Services at any time, particularly in cases listed under clause 8 of these Terms of Use, with or without prior notice. Liability is limited to the maximum extent permitted by law according to clauses 12 and 13 of these Terms of Use in such a case.
Eligibility: You must be at least 18 years of age to agree to enter into this Agreement on your own behalf and to register as a Member. If you are under 18 but at least 14 years of age you must present this Agreement to your parent or legal guardian and subject to this clause he/she must check the Acceptance Box to enter into this Agreement on your behalf. If you are under 14 you may not register as a Member and your parent/legal guardian may not register on your behalf.
Child Supervision: Notwithstanding the Eligibility rules set out above parents who wish to allow their children (regardless of age) access to and use of the Website and Services must supervise their child's access and use of the jotta Website and Services at all times. It is your responsibility to determine which Services and which material on the Website may or may not be appropriate to your child. Please note that if you are a parent or guardian entering into this Agreement on behalf of your child (who must be at least 14 years old) please be aware that you are fully responsible for his/her use of the jotta Website and Services including all financial charges and legal liability that he/she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions do not permit your child to attempt to access the jotta Website. Please always use caution when revealing personally identifiable information about your child or yourself via the jotta Website or Services.
1. Term and Termination.
1. This Agreement shall remain in full force and effect while you use the jotta Services or are a Member.
2. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. jotta may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-18.
3. Fees. jotta reserves the right to alter, to depart from or to cease offering its Services free of charge at any time, taking into account jotta's legitimate interests and reasonable consumer expectations. jotta will inform Members by email if a Service is to be offered in the future for a fee. You can then decide if you want to continue to use such Service. Your continued use of the Service after the proposed fee modification has been posted for at least one month will be considered acceptance of the proposed fee modification. The same applies if fees are raised by jotta. If jotta terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password. When you sign up to become a Member, you will be asked to choose a password and are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member. You agree to notify jotta immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-commercial Use by Members. The jotta Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by jotta. Illegal and/or unauthorized use of the jotta Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the jotta Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges, unless such advertisements, affiliate links and other solicitation are contractually agreed with Fizine in writing. Appropriate legal action will be taken for any illegal or unauthorized use of the jotta Services.
6. Proprietary Rights in Content on jotta.
1. jotta does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the jotta Services. After posting your Content to the jotta Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the jotta Services, you hereby grant to jotta a free, indefinite, non-exclusive license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely through the jotta Services. Without this licence, jotta would be unable to provide the jotta Services. For example, without the right to modify Member Content, jotta would not be able to format Content to satisfy technical requirements, and without the right to publicly perform Member Content, jotta could not allow Users to views Content posted by Members. The licence you grant to jotta is non-exclusive (meaning you are free to license your Content to anyone else in addition to jotta), fully-paid and royalty-free (meaning that jotta is not required to pay you for the use on the jotta Services of the Content that you post), sub-licensable (so that jotta is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the jotta Services), and worldwide (because the Internet and the jotta Services are global in reach). This license will terminate at the time you remove your Content from the jotta Services. The licence does not grant jotta the right to sell your Content, nor does the licence grant jotta the right to distribute your Content outside of the jotta Services.
2. From time to time, jotta may contact you, on behalf of itself, its subsidiaries, agents, affiliates or commercial partners who may have expressed an interest in your Content. You agree that Fizfine shall proceed with releasing Content to any of its subsidiaries, agents, affiliates or commercial partners in so far as you have released such Content on the jotta Website or through the jotta Services, and for the sole purpose of evaluation. jotta shall not provide your contact details to any third party without your consent. You however acknowledge it is jotta's intention to act as your agent, and that any agency relationship between you and jotta shall be subject to terms and conditions laid out in a separate agreement.
3. You represent and warrant that: (i) you own the Content posted by you on or through the jotta Services or otherwise have the right to grant the licence set forth in this section, and (ii) the posting of your Content on or through the jotta Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the jotta Services.
4. The jotta Services contain Content of jotta ("jotta Content"). jotta Content is protected by copyright, trademark, patent, trade secret and other laws, and jotta owns and retains all rights in the jotta Content and the jotta Services. jotta hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the jotta Content (excluding any software code) solely for your personal use in connection with viewing the jotta Website and using the jotta Services.
5. The jotta Services contain Content of Users and other jotta licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the jotta Services.
7. Content Posted.
1. jotta may delete any Content that in the sole judgment of jotta violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. If at any time jotta chooses, in its sole discretion, to monitor the jotta Services and Website, jotta nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on the jotta Website or through any of the jotta Services, and any material or information that you transmit to other Members and for your interactions with other Users. jotta does not endorse and has no control over the Content. Content does not necessarily reflect the opinions or policies of jotta. jotta makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
8. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the jotta Services. jotta reserves the right to investigate and take appropriate legal action against anyone who, in jottas sole discretion, violates this provision, including without limitation, removing the offending communication from the jotta Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of jotta:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains an offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
7. 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 manufacture-installed copy-protect devices, or providing pirated films, music, or links to pirated files;
8. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
9. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
10. 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;
11. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
12. involves commercial activities and/or sales without jotta's prior written consent;
13. for performers, authors, artists, designers, band and filmmaker profiles, uses any unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the jotta Website and through your use of the jotta Services. jotta reserves the right to investigate and take appropriate legal action against anyone who, in jotta's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
14. 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;
15. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the jotta Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, jotta reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which jotta deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the jotta Services, you acknowledge that you will have caused substantial harm to jotta, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay jotta £25 for each such unsolicited email, advertisement, junk emails or chain letters or other unsolicited communication you send, acting culpably, through the jotta Services or Website, regardless of the number of recipients of such email. jotta is entitled to additional compensation of damages beyond £25. You have the right to prove that jotta's damages are below £25;
16. covering or obscuring the banner advertisements on your personal profile page, or any jotta page via HTML/CSS or any other means;
17. any automated use of the system, such as using scripts to add friends or send comments or messages;
18. interfering with, disrupting, or creating an undue burden on the jotta Services or the networks or services connected to the jotta Services;
19. attempting to impersonate another Member or person;
20. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
21. selling or otherwise transferring your profile;
22. using any information obtained from the jotta Services in order to harass, abuse, or harm another person;
23. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the jotta Services on behalf of that person without jotta's prior written consent; or
24. using the jotta Services in a manner inconsistent with any and all applicable laws and regulations.
9. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of jotta to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to jotta by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the jotta Services in a way that constitutes copyright infringement, please provide jotta with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the jotta Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. A Notice of claim of copyright infringement should be sent to: 15Creative Limited, 12 Newburgh Street, London W1F 7RP, or emailed to: help@jotta.com, Subject: Notice of Copyright Infringement
10. Member Disputes. You are solely responsible for your interactions with other jotta Members. jotta reserves the right, but has no obligation, to monitor disputes between you and other Members.
11. Privacy. Use of the jotta Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Liability Disclaimer.
1. jotta will not be responsible for any incorrect or inaccurate Content posted on the jotta Website or in connection with the jotta Services, whether caused by Users of the jotta Services or by any of the equipment or programming associated with or utilized in the jotta Services. Profiles created and posted by Members on the jotta Website may contain links to other websites. jotta is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by jotta. Inclusion of any linked website on the jotta Services does not imply approval or endorsement of the linked website by jotta. When you access these third-party sites, you do so at your own risk. jotta takes no responsibility for any third party advertisements which are posted on this jotta Website or through the jotta Services, nor does it take any responsibility for the goods or services provided by its advertisers. jotta is not responsible for the conduct, whether online or offline, of any User of the jotta Services.
2. In addition, jotta assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. jotta is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the jotta Services or combination thereof.
13. Exclusion of Warranty. The jotta Services are provided on an "AS-IS" basis and as available. jotta does not warrant of timely, secure, error- and interruption-free provision of the jotta Services. jotta expressly disclaims any warranty of fitness for a particular purpose or non-infringement. jotta cannot guarantee and does not promise any specific results from use of the jotta Services. The exclusion of warranties does not affect your right of withdrawal.
Some jurisdictions do not allow the exclusion or limitation of certain types of warranty or liability, such as liability for death or personal injury as a result of negligence or fraud on the part of jotta. Some of the limitations in clauses 12 and 13 may therefore not apply to you.
14. Disputes. If there is any dispute about or involving jotta, you agree that the dispute shall be governed by the laws of the United Kingdom, without regard to conflict of law provisions.
1. If you are a sole trader, limited company, partnership, charity or public body, or any other type of legal entity by opposition to a natural person, you agree to exclusive jurisdiction to the courts of England and Wales.
2. Either jotta or you may demand that any dispute between jotta and you about or involving jotta must be settled by arbitration utilizing the dispute resolution procedures of the Chartered Institute of Arbitrators in London, United Kingdom. This does not apply when you are a natural person. The demand to settle a dispute by arbitration shall not prevent jotta from seeking injunctive relief or any other type of equitable remedy in a court of competent jurisdiction.
16. Indemnity. You agree to indemnify and hold jotta, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal costs, made by any third party due to or arising out of your use of the jotta Services or Website 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 above and/or if any Content that you post on the jotta Website or through the jotta Services causes jotta to be liable to another, provided that this was caused by culpable conduct.
17. Other. This Agreement is accepted upon your use of the jotta Website or any of the jotta Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and jotta regarding the use of the jotta Services, save where expressly stated. The failure of jotta 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. jotta is a trademark of 15Creative Limited. 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: help@jotta.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Privacy Policy
You may display some personal information to other Users, which allows Users to identify you. You may change your profile information at any time and can control how other Members and the jotta Services communicate with you.
jotta collects Members submitted information such as name, email address, and age to authenticate and to send notifications to those Members relating to the jotta Service. jotta also collects other profile data including but not limited to: personal interests, gender, age, education and occupation in order to assist Members in using the jotta Services. jotta also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from Users to the site. This data is used to manage the website, track usage and improve the jotta Services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes.
Member Profile information may include Members' pictures and first names and are displayed to Users in order to facilitate interaction through the jotta Services. Email addresses are used for the purposes of inviting potential Users and to send notifications related to the jotta Services. Recipients of invitations from jotta may contact jotta to request the removal of their information from its database. Members within a personal network may communicate on the jotta Website with each other through the jotta Services, without disclosing their email addresses. Users' full names are never directly revealed to other members. To facilitate searching and finding friends and acquaintances on the service, jotta allows users to search for other members using first and last name, email address, and schools and/or companies where users may have attended or worked. jotta Members may also store email addresses of people they know in their internal jotta address book and may also choose to send invitations and other communications to those addresses.
jotta may also use a Member's email address to send updates, a newsletter or news regarding the service. Users may choose not to receive email of this type by clicking the 'Do not send me notification emails' link which can be found at the bottom of any notification email.
From time to time, jotta or a commercial partner, may sponsor a competition, promotion, sweepstake or contest on the jotta Website. Members may be asked to provide personal information including name, email address or home address in order to participate. We may transfer personal information to certain commercial partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
You may prevent jotta email invitations and other messages from being sent to any email address you control by sending a single email with the subject "BLOCK" to help@jotta.com Please note that the email must come from the account you wish to block.
Use of Cookies jotta uses cookies to store Users' preferences and to record session information, for purposes including ensuring that Members are not repeatedly offered the same advertisements and to customize newsletter, advertising, and web page content based on browser type and user profile information. jotta does not link the information it stores in cookies to any personally identifiable information you submit while on the jotta Website. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from jotta in order to use most functions on the site Please note that jotta allows third party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the jotta Privacy Policy.
Links The jotta Website and Services contain links to sites. jotta is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on through the jotta Services.
Correcting/Updating or Removing Information
jotta Members may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile.
Email Choice/Opt-out Members who no longer wish to receive updates or notifications may choose not to by clicking the 'Do not send me notification emails' link which can be found at the bottom of any notification email.
Third Party Advertising
Ads appearing on the jotta Website may be delivered to Users by jotta or one of our advertising partners. Such Web advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by jotta and does not cover the use of cookies by any advertisers.
Security
Member accounts are secured by Member-created passwords. jotta takes precautions to insure that your Member account information is kept private. jotta uses reasonable measures to protect Member information that is stored within its database, and restricts access to Member information only to those employees who need access to perform their job functions, such as technical staff. Please note that jotta cannot guarantee the security of Member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of Member information at any time.
Sharing and Disclosure of Information collected by jotta
Except as otherwise described in this privacy statement, jotta will not disclose personal information to any third party unless it believes that disclosure is necessary: (1) to conform to legal requirements or to respond to search warrant or other legal request received by jotta, whether or not a response is required by applicable law; (2) to enforce the jotta Terms and Conditions of Use Agreement or to protect its rights; or (3) to protect the safety of members of the public and Users of the jotta Services. jotta reserves the right to transfer personal information to a successor in interest that acquires rights to that information as a result of the sale of jotta or substantially all of its assets to that successor in interest.
Changes in the jotta Privacy Policy
From time to time jotta may make changes to its privacy policy. In such case, jotta will post them on the jotta Website to make Users aware of what the changes are so Users will always be aware of what information jotta collects, how jotta uses it, and when jotta may disclose it. As a User you are bound by any minor changes to the policy when you use the jotta Services after those changes have been posted If, however, jotta is going to use Members' personally identifiable information in a manner materially different from that stated at the time of collection, jotta will notify by posting a notice on the jotta Website for 30 days.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of the jotta Website, or your dealings with the jotta Services, please contact us at: help@jotta.com
