Just Between Friends | Terms of Use

Last updated August 1, 2010.

Welcome to Just Between Friends™. We are an online community that provides a suite of internet-based resources to keep you connected with your family, your friends and the organizations to which you belong. Our websites, including www.justbetweenfriends.com and other related and affiliated sites on the Internet (which we collectively refer to as the "Website"), are owned and operated by Just Between Friends, Inc., 1910 Cochran Road, Suite 600, Pittsburgh, Pennsylvania 15220.

Please read these Terms of Use carefully and print or save a copy for your reference. This document ("Terms of Use" or "Agreement") constitutes a binding agreement between you ("you", "your" or "User") and Just Between Friends, Inc., its successors and assigns ("we", "us" or "JBF"), and contains important information regarding your legal rights, obligations and remedies.

When you join JBF, you acknowledge that you have read, understand and agree to be bound by this Agreement. Each time that you access the Website to view or otherwise use any of the networks, platforms, tools, applications, features or services on the Website (collectively "JBF Services"), you also reaffirm your acceptance of this Agreement. If you are using JBF Services on behalf of an organization, company, group or other association, you are nevertheless individually bound by this Agreement. If you do not agree to these Terms of Use, you should immediately discontinue using JBF Services and leave the Website.

Your Computer Equipment and Internet Services. You are solely responsible for obtaining, installing, operating and maintaining all software, hardware and other equipment (collectively User Systems) that you may need to connect to the Internet and to access the Website and JBF Services. This responsibility includes, without limitation, obtaining an Internet Service Provider of your choice, payment of all applicable fees and communications charges for such services, and obtaining commercially available anti-virus, anti-spyware, and Internet security software to protect your User Systems. You acknowledge that there are certain risks associated with the use of open networks, such as the Internet. You represent to us that you have made an independent assessment of such risks and the operation and security of your User Systems, and you are satisfied with that assessment. JBF is not responsible for any errors or problems that may arise from the failure or malfunction of the Internet or your User Systems, or for providing you with any upgrades, fixes, enhancements, or technical or other support for your User Systems.
Eligibility and Membership.
1. Groups and Organizations. JBF welcomes and encourages groups and membership-based organizations to participate in our community. In order for a group or organization to join JBF, it will be required to enter into a separate service agreement with JBF, appoint an officer (or one or more other, responsible persons within the group or organization) to serve as its Group Administrator(s), and register the group and its individual members or participants through the Website. By joining JBF, the group or organization represents and warrants to JBF that: (i) it has a valid email address; (ii) it is lawfully organized in all jurisdictions in which it operates or conducts its business; (iii) it is not a competitor of JBF, and will not access the Website or use JBF Services for purposes that are in competition with JBF; (iv) it has all necessary authority to comply with this Agreement, and that it will comply with all such provisions; (v) any person designated by the group or organization as its Group Administrator(s) shall be authorized to act in such capacity; and (vi) joining JBF does not and will not violate any law or regulation, or constitute a breach or default of any other contract or agreement to which the group or organization is a party. A group or organization that has registered to join JBF (a "JBF Group’) is eligible to access the Website and use JBF Services.
2. Individuals. All natural persons who are 16 years of age or older are eligible to join JBF. If you belong to a group or organization that has already registered to become a JBF Group, we may contact you and invite you to participate in our on-line community. Your JBF Group will also provide you with a "Group Invitation Code" that will identify you as one of its members. When you enter the "Group Invitation Code" on the Website, you will be able to join JBF and create an account for you and your household. If you are an individual that is not affiliated with a group or organization, or if you are no longer a member of a JBF Group, you may still create an individual account or continue your affiliation with JBF by registering on the Website. By joining JBF, you represent and warrant to JBF that: (i) you have a valid email address; (ii) you are 16 years of age or older; (iii) you have the power and ability to comply with this Agreement, and that you will comply with all such provisions; and (iv) joining JBF does not and will not violate any law or regulation, or constitute a breach or default of any other contract or agreement to which you are a party.
Account Security. During the process of registration, you will create a personal Username and a Password (collectively User Identification), which you will need in order to access your JBF account. Your User Identification should only be used by you and the members of your household. You are not permitted to access or use the Website with the User Identification of another person. You may not sell, trade or otherwise transfer your User Identification, and you should not disclose it to any other person. You are solely responsible for any activities and transactions performed by you and the members of your household when using your User Identification. If you authorize another person to use your User Identification, you assume the responsibility for any and all activities and transactions performed as a result of such disclosure, and you will be liable for all losses and damages caused thereby. JBF is not responsible to you or any third party for any damage or loss resulting from the theft or unauthorized use of your User Identification. If you believe that someone has used your User Identification without your permission, or if you become aware of any other breach of security involving your JBF account, you must immediately notify us by using this web link, or you may contact us by mail at the following address:
Security Department
Just Between Friends, Inc.
1910 Cochran Road, Suite 600
Pittsburgh, Pennsylvania 15220
Use of Website. The Website and JBF Services are for the personal, non-commercial use of JBF Groups, their members and other authorized users of JBF Services. On the condition that you comply with all of your obligations described in this Agreement, we hereby grant to you a limited, revocable, non-exclusive, non-assignable and non-sublicensable right to access and use the Website and JBF Services. We grant you no other rights, express or implied.
User Content.
1. Your privacy is very important to us. All personal information that we obtain about you and your household, whether from you or from the group or organization to which you belong, and any information or other materials that you choose to publish, upload, display, transmit or share with others (post) on the Website (collectively User Content), will be used by us strictly in accordance with our Privacy Policy, the terms and conditions of which are incorporated in this Agreement. You can view our Privacy Policy here.
2. Whenever you post any User Content to any part of the Website, whether at the time of registration or at any later time, you agree that:
  - to the best of your knowledge, all such information is accurate, is not confidential, and was not acquired or posted in violation of any contractual restrictions or any patent, copyright, trademark or other intellectual property rights of any third person;
  - we may share your User Content with the JBF Group to which you belong. This includes your Group Administrator, their successors, and any other person(s) within your group or organization that you have authorized to view or receive your User Content.
3. Whenever the JBF Group to which you belong posts any of your User Content to any part of the Website, whether at the time of group registration or at any later time, the Group and your Group Administrator(s) represent and warrant to JBF that, to the best of their knowledge:
  - all such information was acquired from you or obtained with your consent;
  - you have given them permission to post such information to the Website and make it available through JBF Services; and
  - all such information is accurate, is not confidential, and was not acquired or posted in violation of any contractual restrictions or any patent, copyright, trademark or other intellectual property rights of any third person.
4. With respect to any User Content that we obtain, either directly from you or from the JBF Group to which you belong, you grant to us (and you represent that you have the right to grant to us) a limited right and license to copy, modify, perform, display, reproduce, distribute and otherwise use such information, and to prepare derivative works of, and incorporate into other works, any of your User Content, in whole or in part, in accordance with this Agreement and our Privacy Policy. The license that you grant to us under this Agreement is fully-paid and royalty-free (you are not entitled to compensation for any User Content that you post), worldwide (without geographical limits), non-exclusive (you may still license your User Content to third parties), perpetual, irrevocable, transferable by JBF, and fully sub-licensable.
5. You have the right at any time to update your profile and revise or delete your User Content. You may also at any time limit or specify the persons who are authorized to view or receive your User Content by changing your Personal Preferences on the Website. However, we reserve the right to archive a copy of your User Content for a reasonable period of time if we believe in good faith that retention of such information is necessary (i) to satisfy any applicable law, regulation, legal process or government request; (ii) to enforce this Agreement, including the investigation of potential violations; (iii) to detect, prevent or otherwise address security, fraud or technical issues; (iv) for legitimate business purposes, such as analysis of aggregated, non-personally-identifiable data, or to enable account recovery in the event of a system malfunction; and/or (v) to protect the rights, property or safety of JBF, its Users or partners, or the public. All information so retained by JBF will continue to be subject to the terms of the Privacy Policy in effect at that time.
6. JBF does not claim ownership rights in connection with any User Content. You and the JBF Group to which you belong retain full ownership rights and any intellectual property or other proprietary rights associated with User Content, subject to the rights that you grant to us in this Agreement.
7. You are solely responsible for any User Content that you post to the Website or that you transmit through JBF Services. You understand and agree that we have the right, but not the obligation, to review or monitor User Content on the Website. We may, without prior notice to you, remove or refuse to distribute any User Content at any time, for any reason or for no reason, including User Content that we determine in our sole and absolute discretion to be in violation of this Agreement, or that may be illegal, offensive or inappropriate in any respect, or that may subject us, our users or partners, or the public, to any harm or liability of any type. By way of example and not limitation, you may not upload, post, host or transmit any material or information that:
  - is libelous, defamatory, discriminatory, intimidating, harassing, vulgar, obscene or sexually explicit, or contains a link to an adult website;
  - infringes upon any patent, copyright, trademark, trade secret or other intellectual property right of any person or entity;
  - promotes illegal substances or any criminal activity or enterprise, advocates violence, or threatens the health or safety of any person or entity;
  - misrepresents or impersonates any person, or falsely states your age or identity, or your current or past affiliation with a person or organization, including a JBF Group;
  - includes unsolicited or unauthorized advertising, commercial or promotional materials, including junk mail, spam, chain letters, contests, sweepstakes, pyramid schemes and similar forms of solicitation;
  - contains viruses, spyware, bots, worms or other malicious code or software that is intended to disrupt or limit the functionality of computer and telecommunications equipment.
8. You are responsible for payment of any and all fees, royalties, taxes or other sums that may become due as a result of any User Content that you post to the Website or transmit through JBF Services.
Restricted Conduct. You may not use the Website or JBF Services to do or perform any of the following: (a) violate, or solicit or encourage the violation, of any local, state, federal or international law or regulation; (b) stalk, harass, threaten or harm any JBF Group or individual user by any means, whether physical, verbal, written or otherwise; (c) collect or store usernames, passwords, email addresses or other personal information by electronic or other means for the purpose of sending unsolicited communications to any JBF Group or individual user in violation of applicable law; (d) attempt to gain unauthorized access to our database or our computer systems and networks, or engage in any activity that is intended to circumvent or modify our security technology or software; (e) participate in or otherwise support any schemes or programs that are designed or intended to harm the performance or functionality of our network, the Website or JBF Services; (f) copy, transfer or use any User Content for the purpose of selling, promoting or marketing any product or service without the express written consent of JBF; and/or (g) post or attempt to post any information or content that we determine to be illegal, offensive or inappropriate, or that violates the provisions of Paragraph 5G. If you engage in any such activities in connection with your use of the Website or JBF Services, we reserve the right to investigate and take any action that we deem to be necessary and appropriate including, without limitation, restricting your access to the Website and/or terminating or limiting your use of JBF Services or the number of connections that you may have with other JBF Groups or individual members. In appropriate cases, we will also provide federal, state and local law enforcement authorities with such assistance as we deem necessary in order to protect the Website, JBF and its parents, subsidiaries and affiliates, their respective users, members, directors, officers, employees, agents, partners and operational providers.
Modification. We reserve the right to enhance, update, improve, modify, change, replace or discontinue any functional or operational components of the Website and/or JBF Services, in whole or in part, at any time, at our sole discretion, without prior notice to you. We also reserve the right to modify this Agreement from time to time, with any new or amended terms becoming effective upon posting on the Website. Your continued use of the Website and JBF Services after we post a revised Agreement on the Website signifies your acceptance of the terms and conditions of the revised Agreement. It is therefore important for you to review this Agreement on a regular basis and inform yourself of any changes.
Third Party Services. You will have access on the Website and through JBF Services to links to third-party web sites or locations (Third-Party Sites), and to text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third-parties (Third-Party Content). Inclusion of links to such Third-Party Sites and Third-Party Content does not signify our approval or endorsement of the third-party, its web site, content, or the products or services offered by such third party. If you decide to leave the Website and access a Third-Party Site, you do so at your own risk. We do not review or control, and we cannot be responsible for, Third-Party Sites or Third Party Content. You should be aware that our Terms of Use and Privacy Policy no longer apply on Third-Party Sites. We recommend that you review the applicable terms and policies of such third-parties, including their privacy and data-gathering practices, before navigating away from the Website. If you should decide to purchase or acquire products or services from such third-party, directly or indirectly, any transaction that you enter into will be strictly between you and the third-party vendor or provider.
Intellectual Property Rights. Except for Your User Content, all of the content available on the Website and through JBF Services, including without limitation, all of the images, graphics, text, button icons, pictures, video, music, data, files, information, hardware, software, applications, and the collection, compilation and assembly of the foregoing (collectively the Website Content) is the sole property of JBF and/or its licensors. You may not copy, download, reproduce, distribute, publish, incorporate into another database or compilation, or create derivative works of, any Website Content, in whole or in part, without our express written permission. You may download or print a copy of the information and content that we provide on any web page on the Website to which you have properly gained access, but only for your personal and non-commercial use, and provided that you keep all copyright or other proprietary notices intact. You may not modify, adapt, edit, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for any software or programs that we use in connection with the Website or JBF Services. Any use of Website Content, except in accordance with the provisions of this Agreement, is strictly prohibited and may result in the termination of your access to the Website and JBF Services. Unauthorized use of Website Content may also constitute a violation of the copyright, trademark and/or other laws and regulations in the United States and other countries relating to the protection of intellectual property rights, and may subject you to civil and criminal penalties. We reserve all rights that are not expressly granted herein.
Copyright Policy. We respect the intellectual property rights of others, and we expect you to do the same. You may not upload, embed, email, post, or otherwise transmit on the Website or through JBF Services any material that infringes upon the patent, copyright, trademark, trade secret or other proprietary rights of any other person or entity. When we receive proper notification of infringement, we promptly remove or disable access to the allegedly infringing material. We process all claims for infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3). We have the right to terminate the account of any repeat infringer. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you believe that your intellectual property rights have otherwise been violated, please send notification to our Copyright Agent with all of the following information:
1. Identify the copyrighted work or intellectual property that you claim has been infringed. Multiple copyrighted works may be included in a single notification if you provide us with a representative list of such works.
2. Identify the location on the Website or JBF Services that contains the allegedly infringing material. It is important for you to provide reasonably sufficient information so that we can locate the material. Providing the URL of the allegedly infringing material satisfies this requirement.
3. A statement by you declaring, under penalty of perjury, that (i) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (ii) the information contained in your notification is accurate; and (iii) you are the copyright owner or you are authorized to act on behalf of the copyright owner.
4. Your address, telephone number, email address, and the physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner.
You may submit your notification of claimed infringement to our Copyright Agent electronically by using this web link, or you may contact us by mail at the following address:
Copyright Agent
Just Between Friends, Inc.
1910 Cochran Road, Suite 600
Pittsburgh, Pennsylvania 15220
Disputes With Other Users. You are solely responsible for your activities and interactions with other users in connection with the Website or JBF Services, whether on-line or off-line. We reserve the right, but shall have no obligation, to monitor such activities or interactions, or to become involved in any capacity in any dispute between you and others. In the event that you have a dispute of any kind with a JBF Group or another user of JBF, you hereby release JBF and its officers, employees, agents and successors from any and all claims, actions, causes of action, demands, loss, liability and damages, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or the use of the Website and JBF Services by all such parties.
Disputes Involving JBF. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law rules. Any claim or controversy involving JBF that arises out of or relates to this Agreement, the Website, or JBF Services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Allegheny County, Pennsylvania, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Termination. Registration to join JBF or to use JBF Services is void where prohibited by law. You may discontinue your JBF account at any time, for any reason. JBF shall also have the right to discontinue your JBF account at any time, without prior notice and without any liability, if we reasonably believe that you are in breach of any part of this Agreement, or for any other reason in the discretion of JBF. We will not be liable to you or any third party if we take such action against you. In the event of the termination of this Agreement by either party for any reason, the provisions of Paragraphs 5 and 9 through 17, inclusive, shall survive and continue to be binding upon, and shall inure to the benefit of, you and JBF, and our respective heirs, legal representatives, successors and assigns.
Indemnification. You agree to indemnify and hold harmless JBF, its subsidiaries, parent and affiliates, and their respective users, members, directors, officers, employees, agents, partners and operational providers, from any and all losses, claims, liabilities, demands, damages, costs and expenses, including reasonable attorneys fees, that arise directly or indirectly from: (a) your use of the Website or JBF Services in violation of this Agreement; (b) breach of any of your representations or warranties contained in this Agreement; (c) any User Content that you post to the Website or transmit through JBF Services; and/or (d) your conduct or interaction, on-line or off-line, with us, or any JBF Group or individual user of JBF.
Disclaimers.
1. The Website and JBF Services may be temporarily unavailable from time to time for maintenance or other reasons, and we will not be liable for any error, omission, interruption, delay, failure, malfunction or other problem resulting therefrom.
2. We are not responsible and shall not be liable in any manner for any error, omission, interruption, delay, failure, malfunction or other problem caused, directly or indirectly, by any JBF Group, individual user, third-party, or other extraneous source, including without limitation: (i) the failure or malfunction of telephone networks or services, communication lines, internet service providers, computer systems, servers, computer equipment, and third-party software; (ii) the introduction of viruses or other harmful components; (iii) the theft, destruction or alteration of, or unauthorized access to, user communications; (iv) traffic congestion on the Internet, or at any Internet site, or a combination thereof; and/or (v) fire, flood, war, strike, riot, labor disturbance, emergency, natural disaster, act of God, or any other cause or circumstance that is reasonably beyond our control.
3. We are not responsible and shall not be liable for any User Content that may be posted, transmitted, utilized or shared on or through the Website or JBF Services including, without limitation, any offensive, inappropriate, obscene, unlawful or otherwise objectionable materials. We are not responsible and shall not be liable in any manner for the conduct of any JBF Group, or any individual member thereof, or any other user of the Website or JBF Services, whether online or offline.
4. We make no representation or warranty that the Website and JBF Services will meet your specific requirements or expectations; or that the information or services provided thereby will be uninterrupted, accurate, complete, timely, reliable, current or error-free, or that the Website or JBF Services will be free of viruses or other harmful components.
THE WEBSITE, JBF SERVICES, RELATED APPLICATIONS AND WEBSITE CONTENT ARE PROVIDED TO YOU "AS-IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Limitation of Liability. You expressly agree that we will not be liable for any loss or damage to any person, including personal injury or death, or for any damage to any property, whether real or personal, tangible or intangible (including loss of data or content), resulting from the use or misuse of the Website or JBF Services by any person or entity, in any manner or for any purpose, including without limitation: the inability to use the Website or JBF Services; reliance on information posted by or transmitted to any JBF Groups or individual users; unauthorized access, alteration or use of the Website or JBF Services; termination of membership in JBF; and/or the conduct of any JBF Group, individual user, or other person or entity, whether online or offline.
IN NO EVENT WILL WE BE LIABLE TO YOU, OR TO ANY OTHER PERSON OR ENTITY, FOR DAMAGES OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (AND INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, LOSS OF USE OR DATA, BUSINESS INTERRUPTION, AND THE CLAIMS OF THIRD PARTIES), EVEN IF WE ARE AWARE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the limitation or exclusion of certain claims or damages, and so the foregoing provisions may not apply to you.
Miscellaneous. This Agreement constitutes the entire understanding and agreement between you and us regarding the use of the Website and JBF Services, and supersedes all prior understandings and agreements. Our failure to exercise or enforce any provision of this Agreement or any right that we may have under this Agreement shall not be construed as a waiver of such provision or right, or prevent us from exercising or enforcing such provision or right in the future. This Agreement shall operate to the fullest extent of the law. If any clause or provision of this Agreement shall be declared invalid or unenforceable by any arbitrator, court of competent jurisdiction or by operation of any applicable law, it shall not affect the validity of any other clause or provision, which shall remain in full force and effect. Each of the provisions of this Agreement shall be enforceable in a manner that is independent of any other provision, and independent of any other claim or cause of action.