Terms of Use

Our Terms of Use specify important details about the content you submit and how we may use it, as well as the rules for appropriate behavior on the site. They’re important to understand because by continuing to use the site you’re agreeing to them.

When you submit content, you are stating that you own the content and, you are giving us the right to use it in our current or future publications, documentaries, books, or other websites.
To use your content in any of our publications, we need to be able to edit it and cite its source. So when you submit content, you are giving us the right to edit the content as we see fit and cite your name or username as the source.

Please be respectful of your fellow readers. We reserve the right to delete any post for any reason without explanation or notification. Posts that infringe on copyrights, contain objectionable material, promote products or services, or solicit funds may be deleted.

This Introduction is for your convenience only; our actual Terms of Use follow.

Our Terms of Use

Our terms of use (“Terms”) govern our relationship with our users and others (“Users”) who interact with any of our products, services, or representatives (“Services”). By using, accessing, or interacting with us, you agree to these Terms and any revisions made prior to the end of your last use, access, or interaction.

Your privacy is of paramount importance to us. Please review our Privacy Policy, which is a part of our Terms.

Whenever you share content or information with us, you are granting us the right to use that content or information in any of our current or future publications, including but not limited to documentaries, books, and other websites.

Specifically, any content or information you share that is covered by intellectual property rights, for example, stories, pictures, or videos (“IP Content”), you grant us a non-exclusive, transferable, royalty-free, sub-licensable, worldwide license (“IP License”) to use that IP Content. This IP License persists even if you later delete your IP Content.

Similarly, for us to use the content and information we receive from you in any of our publications, we need to be able to edit it and cite its source if we so choose.

Therefore, when you submit content, you grant us the right to edit that content at our sole discretion, for example, for length, style, clarity, or content; and you release us from any obligation to review any edited content with you prior to publication.

You also grant us the right to attribute your full or edited content to you – using either your name or username – if we so choose, but release us from any requirement to do so.

You specifically waive without limitation any claims of harm to you or your reputation by our use of your full or edited content, for example any claims of defamation or false light.

Finally, any suggestions, ideas, or feedback you submit privately or publicly to us are most welcome. However, you understand that we may choose to use them without any obligation to provide compensation or attribution to you for them.

We do our best to create a safe environment for our Users, however, we cannot guarantee User safety. To help us create a safe environment, you agree to:

Not post unauthorized commercial communications, e.g. spam
Not post content that violates the intellectual property rights of others, e.g. that infringes on a copyright or trademark
Not post any content that contains nudity, profanity, or graphic violence, or that in our sole discretion is threatening, hateful, or pornographic
Not intimidate, harass, or bully anyone
Not engage in any unlawful, discriminatory, malicious, or misleading activities
Not engage in any unlawful multi-level marketing, e.g. pyramid schemes
Not upload viruses or any other form of malicious code
Not do anything that could disable, interrupt, or interfere with the proper working or appearance of any Service, e.g. a denial of service attack
Not access any Service via automated means, e.g. spiders, robots, harvesting bots or scrapers, etc., to collect Users content or information without our prior written permission
Not encourage or facilitate the violation of our Terms or other policies You agree that we, at our sole discretion will make the determination whether our Terms have been violated

You agree that we, at our sole discretion will make the determination whether our Terms have been violated

Content or information you make available via our Services will not be changed by us, other than when it is edited for inclusion elsewhere in our publications. However, it may be deleted.

Please be respectful of your fellow Users. Should we feel that content or information you have made available via our Services violates this requirement, we may notify you to rectify the situation or to explain our concerns or actions.

However, we reserve the right to delete any content or information at any time for any reason without explanation or notification, and will have no obligation to preserve or retrieve such content or information.

Note that the following types of content will be specifically targeted for deletion at our sole discretion:

Content that is objectionable – e.g. is racist, discriminatory, abusive, obscene, inflammatory, unlawful, or contains nudity, profanity, or graphic violence
Content that solicits funds or contains unauthorized promotions of products or services
Content that infringes on copyrights or trademarks

You understand that moderation is inherently subjective, and you agree to accept the decisions we make as final.

If you are uncomfortable with any provision in these Terms, please stop using, accessing, or interacting with our Services. Your continued use, access, or interaction will definitively affirm your agreement with these Terms in full.

You agree that the laws of the State of California govern this statement, as well as any claim, dispute, or cause of action (“Claim”) that might arise between you and us, without regard to conflict of law provisions.

You agree to resolve any claim you have with us in the U.S. District Court for the Northern District of California or a state court located in Santa Clara County, and to submit to the personal jurisdiction of said courts for the litigation of all such claims.

You agree to indemnify and hold us harmless from and against all damages, losses, or expenses of any kind from any claim brought against us based on your actions, content, or information on our Services.

You understand that we do not direct or control the actions of others on our Services, and you agree that we are not responsible for the online or offline conduct, content, or information of any User of our Services, even if it is inappropriate, obscene, offensive, unlawful, or somehow objectionable.

You understand that you use our Services at your own risk, and that those Services are provided as-is without any express or implied warranties, including but not limited to implied warranties of merchantability, non-infringement, and fitness for a particular purpose.

You understand that we do not guarantee that our Services will always be safe, secure, or free of imperfections, delays, or disruptions. You understand that our actions to protect our Users and our Services, including but not limited to these Terms, do not imply any guarantee of safety or security.

Although we employ commercially reasonable safeguards to protect your content and information, we cannot, and explicitly do not, guarantee that your information will not be accessed, disclosed, altered, or destroyed accidentally or maliciously, for example, by a security breach.

Should your content or information be altered, destroyed, or deleted, you agree that we will not be responsible to store, retrieve or recover that content or information.

You agree that we will not be liable for any lost revenue, profits, or other incidental, indirect, special, or consequential damages arising from or related to these Terms or our Services, even if we have been made aware of the potential for said damages.

You agree that our total aggregate liability arising from or related to these Terms or our Services will not exceed one-hundred dollars ($100.00). Where applicable law does not permit the limitation or exclusion of liability or of consequential or incidental damages, our liability will be limited to the fullest extent permitted by law.

All rights not expressly granted to you are reserved by us. Furthermore, all our rights under these Terms are freely assignable by us, for example, in the case of merger, acquisition, or the sale of assets. However, you agree not to transfer any of your rights or obligations under these Terms without our written consent.

You agree that any failure on our part to enforce any portion of these Terms will not be considered a waiver, and that any waiver or amendment of these Terms must be issued in writing by us.

Should any portion of these Terms prove to be unenforceable, all remaining portions will still be in full force and effect.

These Terms do not confer any third-party beneficiary rights, and no portion thereof shall prevent us from complying with the law.

You agree to comply with all applicable law at all times when using, accessing, or interacting with our Services.

By “Terms” we mean this document and its revisions and our Privacy Policy and its revisions.
By “Services” we mean any feature, product, service, or representative we make available, including those on jimciardella.com and any subdomains, and those supplied via other means now existing or later developed, e.g., via telephone, email, widget, or app.
By “Users” we mean anyone who uses, accesses, or interacts with any Service.
By “Us” and “Jim Ciardella” and “jimciardella.com” we mean Jim Ciardella, LLC and any of its directors, officers, employees, or agents.
By “Information” we mean information and facts about you, for example, information provided directly by you or information gathered indirectly from the actions of yourself or other Users interacting with our Services.
By “Content” we mean anything you post, share, or otherwise provide using our Services, including “Information” and “IP Content.”
By “Post” we mean anything you post or otherwise make available on our Services.
By “IP Content” we mean any content or information covered by intellectual property rights, for example a trademark or a copyrighted picture, video, or story.
By “IP License” we mean an agreement in which an intellectual property rights owner – the licensor – authorizes another person or business – the licensee – to use that property.

These Terms may be updated without notification, so please visit this page occasionally to keep abreast of any changes. Your continued use, access, or interaction with any of our Services constitutes your agreement to these Terms, including any revisions made prior to the end of your last use, access, or interaction.

Questions about our Terms of Use? Please feel free to contact us.