Welcome to the JoshBernstein.com website (the “Website”). Thank you for visiting and we hope you have a great time.
It is important to us that you, and all of our visitors, have the best possible experience while using our Website, and that when you use this Website you are fully aware of our respective legal rights and obligations. For that reason, we have created these Terms and Conditions of Use as the legally binding terms that will govern your use of this Website. By visiting the Website, you agree to abide by these Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, you may not use the Website and must immediately cease use of the Website. Please read these Terms and Conditions of Use carefully.
The Website provides information about Josh Bernstein and some of his Productions (together, “JBP”). The Website also provides information regarding affiliates of JBP (”Affiliates”) and parties unrelated to JBP (”Third Parties”). We make this Website available to the public subject to the following terms, policies and guidelines.
Usage Regulations. The Website is made available for information purposes only. You may display, reformat and print information from the Website only for your own personal, non-commercial use. You may not sell, re-publish, distribute or display any Content (as defined under Copyrights and Trademarks below) or other material from the Website for any other purpose. All such uses are strictly prohibited without our express prior written consent, and such consent may be given or withheld in our discretion. The Website may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of the Website or interfere in any way with its proper functioning. We reserve the right to suspend or terminate access to the Website by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of JBP, Affiliates or Third Parties. We may take steps to prohibit access and/or use without prior notice to any such user.
Registration. To access this Website or some of the resources offered on this Website, you may be asked to provide registration details. It is a condition of use of this Website that all the details you provide will be correct, current and complete. If JBP believes the details are not correct, current or complete, JBP has the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account.
Security. Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password (if any). JBP shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that JBP considers insecure, JBP will be entitled to require it to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security (for example, password guessing programs, cracking tools or network probing tools) are strictly prohibited. If you become involved in any violation of system security, JBP reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.
Third-Party Content and Links; Recommendations and Opinions. The Website includes information provided by Third Parties. JBP, Affiliates, and their respective employees or agents are not responsible for the opinions, statements, services, offers or other information provided by Third Parties.
The Website also may include the personal recommendations and opinions of JBP. Although JBP has endorsement arrangements with some companies, neither JBP, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the quality of products or services that may be purchased by you from the Website or from any Third Parties. It is up to you, the user of this Website, to determine whether information made available on the Website satisfies your needs. The Website includes information relating to charities that raise money from the public to support the work of the charity. Although a charity may be listed or discussed on the Website, neither JBP, Affiliates nor any of their respective employees or agents makes any representation or warranty or assumes any liability regarding the financial stability, charitable nature or tax exempt status of the charity. It is up to you, the user of this Website, to perform your own research and determine whether a specific charity satisfies your needs and qualifications and whether such charity is a tax exempt organization for income tax purposes.
The Website includes hyperlinks that will take you out of the Website to the website of Third Parties. Links to websites of Third Parties may be included in advertisements for services of Third Parties, or they may be accompanied by descriptions of services of Third Parties. All links to websites of Third Parties are provided for your convenience only. Neither JBP nor Affiliates control the content or operation of any linked websites of Third Parties, and we disclaim any responsibility for any product, service or information provided on any linked website. Neither the publication of content or advertisements of third parties on the Website nor links to websites of third parties constitutes an endorsement of third parties or theirs products or services by JBP, affiliates, or their respective employees or agents.
Disclaimer of Advice. The Content on this Website is provided for informational purposes only and is not intended to be a substitute for professional or safety advice. At any time you have questions regarding a specific situation, you should seek the advice of a professional. None of the Content of this Website is intended to be solely relied upon for acts of travel and/or exploration. None of the Content of this Website is intended to be relied upon for safety advice. You should always assure that you are taking the appropriate safety precautions while traveling abroad, visiting other countries, etc. Any opinions expressed on this Website are the opinions of the authors and neither JBP, Affiliates nor any of their employees or agents assume any liability for the Content of any materials provided on the Website. Reliance upon any opinion or advice provided on the Website is at your own risk. Neither JBP, its Affiliates nor any of its employees assume liability or responsibility for damage or injury to person or property arising from any use of any product, service, information or instruction contained on this Website.
Copyright and Trademarks. All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of JBP, Affiliates, or Third Parties that have licensed Content and software for use on the Website. All Content and software are protected by U.S. and international copyright laws. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website including, but not limited to, Explorer Josh™ and Josh Bernstein™ are registered or unregistered trademarks of JBP, Affiliates or Third Parties that have licensed the Trademarks for use on the Website. No license is granted for any further use of any Trademarks. All rights not expressly granted in these Terms and Conditions of Use are reserved.
Linking and Framing. Without the prior written permission of JBP, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website, or incorporate any intellectual property of JBP or any of their licensors into another website or other service.
Forums. The materials, information and opinions included and/or expressed in or on bulletin boards, chat rooms, community pages or other forums on this Website (”Forums”) are not necessarily those of JBP. JBP does not undertake to monitor or review Forums, and the content of Forums is not the responsibility of JBP. JBP may remove or modify any content without notice or liability at any time in its sole discretion. Any use of Forums will be at your own risk and will be subject to the disclaimers and limitations on liability set out above.
Rights to All Submissions. With the exception of any and all Video Submissions described below, all other material you submit to any of our chat rooms, forums, blogs and other public posting areas, whether text or images, becomes the property of JBP and may be reproduced, modified and distributed in any medium including, without limitation, books, magazines, television, home video, DVD, motion pictures, blogs, websites, mobile services, products or any other commercial promotion, for any purpose and in perpetuity, without compensating you in any way and without right of attribution or credit. Further, you understand that by posting material on JBP’s community and social media websites, you are granting to JBP, its partners, vendors, production companies, and programming and content distributors, and anyone else authorized by JBP, and the Affiliates, licensees, successors and assigns of same (the “JBP Parties”), a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform such materials posted on JBP’s community and social media websites, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant JBP, and anyone authorized by JBP, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as JBP deems appropriate without any obligation by JBP. You represent and warrant that any submission will be wholly owned by, and original to, you and that no consent or the approval of any other person or entity will be required for you to assign the rights to JBP as contemplated herein. If you do not wish to grant us such rights, we ask that you not make submissions to the Website, particularly any information you consider to be confidential or original creative material, such as scripts, story ideas, photographs or original artwork. If you make submissions, you agree to grant to us and our Affiliates all rights described herein. JBP has the right to reject any submissions and you acknowledge that JBP may have similar materials. By using this Website, you waive all right to any submission.
Rights to Video Submissions. If you submit user-generated video to the Website, you agree to the following terms and conditions: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, you grant the JBP Parties a non-exclusive, perpetual, royalty-free, fully paid up, irrevocable, unrestricted, worldwide license to display, use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform your user-generated video submitted hereunder, as well as your name, voice, likeness and appearance therein (if any) and the personally identifying information you provide on or in connection therewith (collectively, the “Video Submission”), as further described below. You acknowledge and agree that you shall not be entitled to share in any revenue that the JBP Parties may or may not earn or generate through its use of your Video Submission.
JBP Parties’ Right to Use Your Video Submission. You grant the JBP Parties the non-exclusive right to edit, blur or remove Content in any manner, and to use and distribute and license others to use and distribute, your Video Submission, or any portions, reproductions or versions thereof, on the Websites, products and/or services (in any and all media, now known or hereafter invented, including without limitation television, home video, DVD products, motions pictures, blogs, websites, mobile services, products or any other commercial promotion) of the JBP Parties, an unlimited number of times, in perpetuity, throughout the world, with or without charge or cost to end-users or other Third Parties. You also grant the JBP Parties the right to use and distribute, and license others to use and distribute, your Video Submission in the promotion of such websites, products and/or services, to the same extent permitted for use and distribution of your Video Submission hereunder.
Clearance of Your Video Submission for the JBP Parties’ Use. You represent and warrant that your Video Submission is your original work and that you have secured any and all rights, releases and permissions necessary for the JBP Parties’ use and distribution of your Video Submission hereunder including, without limitation, those related to any people, places, music, performances of dance or music, video, photographs and/or graphics in your Video Submission (collectively, the “Elements”). You represent and warrant that (i) no licensed music or other protected materials are used in your Video Submission; (ii) no further permissions or fees are due for the JBP Parties’ use and distribution of your Video Submission or any Elements therein; (iii) any statements made by you or others in the Video Submission are true to the best of your knowledge and that neither they, nor any Element of your Video Submission, will violate any law or regulation or violate or infringe upon the rights of any Third Parties; (iv) you have not accepted money or other consideration from Third Parties for your Video Submission; (v) no logos or brand identifiers are visible in your Video Submission or, if visible, you grant to the JBP Parties the right to remove or blur such logos or brand identifiers; (vi) you own, or have permission to use, any location included in the Video Submission; and (vii) no money or other compensation is due to any person, entity, guild or union in relation to the Video Submission.
Responsibility. Please act responsibly when using this Website. You may only use this Website and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Website. You may collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third party claims that material you have contributed to the Website is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted (other than by JBP) or privately transmitted on or through this Website are the sole responsibility of the sender, not JBP, and that you are responsible for all material you upload, post or otherwise transmit to or through this Website.
Objectionable Contents. JBP requires that you do not post emails or submit to or publish through Forums or otherwise make available on this Website any content or act in a way which in our opinion:
(a) libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
(b) disparages, criticizes, belittles, parodies or otherwise portrays in a negative light any actor appearing in the Material;
(c) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
(d) infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
(e) violates any law or may be considered to violate any law;
(f) violates any right to transmit under any contractual or other relationship (e.g., inside information, proprietary or confidential information received in the context of an employment or a non-disclosure agreement);
(g) advocates or promotes illegal activity;
(h) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
(i) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as specifically authorized on this Website;
(j) solicits funds, advertisers or sponsors;
(k) includes programs which contain viruses, worms and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
(l) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Website;
(m) copies any other pages or images on this Website except with appropriate authority;
(n) includes MP3 format files;
(o) amounts to a ‘pyramid” or similar scheme;
(p) amounts to ‘data warehousing’ (i.e., using any web space made available to you as storage for large files which are only linked from other sites) and you must provide a reasonable amount of content to accompany such material in order that at least some of the traffic to your site comes directly via us;
(q) disobeys any policy or regulations established from time to time regarding use of this Website or any networks connected to this Website;
(r) provides untruthful and inaccurate registration information;
(s) uses any information obtained from the Website to harass, abuse or harm other people or solicits personal information from anyone under 18;
(t) promotes information that the user knows is false or misleading;
(u) promotes conduct that is abusive, threatening, obscene, defamatory or libelous;
(v) contains links to other sites that contain the kind of content which falls within the descriptions set out at (a) to (u) above.
Release and Waiver; Indemnification. You acknowledge that the JBP Parties will rely on the foregoing terms and conditions potentially at substantial cost to them, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. You agree to indemnify, defend and hold harmless the JBP Parties from any and all claims arising from their use and distribution of your Video Submission as permitted herein.
Limitation of Liability; Disclaimers and Waivers. Your use of this Website is at your own risk. The Website and all the Content, materials, information, software, facilities, Forums, services and other content on the Website are provided “AS IS”; and without warranties of any kind, either express or implied. Neither JBP, any Affiliates nor any of their respective employees or agents makes any representations or warranties of any kind, express or implied, as to the operation of the Website or the Content or other information and materials included on the Website.
To the full extent permitted by applicable law, JBP, Affiliates and their respective Employees and Agents disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, or any warranty that the Website will operate uninterrupted or error free. JBP does not warrant that the functions contained in this Website will be available, uninterrupted or error-free, that defects will be corrected, or that the Website or the services that make the Website available are free of viruses or other harmful components. JBP does not warrant or make any representations regarding the use or the results of the use of the material, information, software, facilities, services, Forums or other Content on the Website or any sites linked to the Website in terms of their correctness, accuracy, reliability, or otherwise. JBP makes no warranties that your use of the materials on the Website, information, software, facilities, Forums, service or Content will not infringe the rights of others and JBP assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, Forums, service or Content.
In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, JBP, Affiliates, Third Parties and their respective employees and agents shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500 in the aggregate.
UNDER NO CIRCUMSTANCES WILL JBP, AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY INDIRECT LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE OR FOR ANY CLAIM ARISING IN CONNECTION WITH A PURCHASE OF A PRODUCT OR SERVICE THROUGH THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILTY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Modification; Waiver of Terms. The Website and the products, services and programs described in the Website may be changed, eliminated or updated without prior notice. We also may make changes to these Terms and Conditions of Use and any Website-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website unless otherwise provided by us in the revision. Your continued use of the Website after new Terms and Conditions of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms.
New York Law. This Website is created and maintained in the State of New York, USA. As such, the laws of the State of New York govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of New York, acknowledge that venue is only proper in the courts in New York City, New York and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.
Third Party Access. We allow access to our database by third parties that provide us with services, such as technical maintenance or forums and search software, but only for the purpose of and to the extent necessary to provide those services. We also may provide your information to our advertisers, so that they can serve ads to you that meet your needs or match your interests. While JB.com will seek to require such third parties to follow appropriate privacy policies and will not authorize them to use this information except for the express purpose for which it is provided, JB.com does not bear any responsibility for any actions or policies of third parties. There also may be occasion when we are legally required to provide access to our database in order to cooperate with police investigations or other legal proceedings. In those instances, the information is provided only for that purpose. While your individual information is protected as outlined above, we reserve the right to use, transfer, sell, and share aggregated, anonymous data about our users as a group for any business purpose, such as analyzing usage trends and seeking compatible advertisers and partners.
Unsolicited Email (SPAM). You should be aware, however, that unscrupulous marketers can sometimes “harvest” your email address directly from your computer or another person’s address book or even obtain your email address through programs that automatically search web pages and email traffic for email addresses. JB.com also may disclose or exchange with others information you have provided to us if we believe that the law requires us to do so or if it is necessary to protect the rights or property of JB.com, our affiliate companies, our staff, or our users.
Security. JB.com will use reasonable precautions to keep the information disclosed to us secure and not to disclose such information to any third parties . However, we are not responsible for any breach of security or for any actions of any third parties that may receive the information. Access to your personal information is limited to people who need it to do their job. For example, if we need to mail something to you, we must share your name and address with a direct mail company. We limit such third parties in their access and use of your personal information.
IP Address. Your Internet Protocol (”IP”) address is usually associated with the place from which you enter the Internet, like your Internet Service Provider, your company or your university. We may use your IP address to help diagnose problems with our server, gather broad demographic information, and administer our Website.