TERMS

Philippe de Champaigne - Moses with the Ten Commandments
Source: Philippe de Champaigne, “Moses with the Ten Commandments,” 1648, oil on canvas, 91.5 × 74.5 cm, accession number ГЭ-625, The State Hermitage Museum, Saint Petersburg.

This website, JonoBorden.com, (collectively referred to as the “Site” or “Jono Borden: A Pornucopia of Degenerate Art” in these Terms of Service), is owned and operated by Jonathan Borden (“Jono Borden”). By using and accessing this website, you (“you”, “user”, or, “end user”) agree to these Terms of Service (collectively, the “Terms of Service” or “Agreement”).

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THIS SITE.

Intellectual Property

You acknowledge and agree that all content and information on the Site is protected by proprietary rights and laws. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, transfer, create derivative work from, sell, or, re-sell any content or information obtained from or through the Site.

If you use any part of Jono Borden: A Pornucopia of Degenerate Art™ in breach of these Terms of Service, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made. No right, title, or, interest in or to the Site or any content on it is transferred to you, and all rights not expressly granted are reserved by Jono Borden. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trade-mark, and other laws, and may result in criminal prosecution and/or civil liability.

If you wish to make any use of material on the Site, please address your request to Jono Borden.

Worldwide Enforcement

Jono Borden’s intellectual property comprises, but is not limited to, copyrights and trade-marks which are protected throughout the world by a wide variety of means, including international laws, treaties, conventions, national laws, reciprocal agreements, and other statutes and regulations; as well as the various patrol systems outlined below.

Besides the many legitimate copyright and trade-mark registrations owned by Jono Borden worldwide, a monitoring service notifies Jono Borden whenever an attempt is made by any unaffiliated party to obtain a “Jono Borden”, “Jono”, “JB”, or similarly conflicting copyright or trade-mark registration anywhere in the world for any creative works, goods, or services.

Jono Borden also uses a service to monitor the Internet for the registration of “Jono Borden”-formative domain names and takes appropriate action whenever these domains lead to websites that infringe on Jono Borden’s copyright and trade-mark rights.

Additionally, Jono Borden has legal counsel, licensing agents, and authorized licensees throughout the world who bring to his attention anyone attempting to use his copyrights and trade-marks without his express permission; and all of Jono Borden’s authorized licensees are required to identify their products and other uses thereof as being officially licensed by Jono Borden himself.

Finally, Jono Borden’s collaborators, affiliates, brand partners, marketers, distributors, promoters, third-party service providers, and his own audience constitute an excellent network for identifying the unauthorized use of his copyrights and trade-marks; whether used in published works, in print and online, or other items, including live and recorded performances, and in, or by, any and all other endeavours and means; or by unauthorized “Jono Borden” entities and projects, or other individuals or organizations making use of the “Jono Borden” name, and any other of Jono Borden’s copyrights and trade-marks, without his express permission.

It is the policy of Jono Borden to actively pursue legal intervention and remedy in any and all unauthorized uses of his intellectual property, including infringement without monetary gain, in all territories and jurisdictions worldwide.

Third-Party Sites

The Site may contain links to other websites maintained by third-parties. These links are provided solely as a convenience and does not imply endorsement of or association with the party by Jono Borden: A Pornucopia of Degenerate Art™.

Prohibited Uses

You may use Jono Borden: A Pornucopia of Degenerate Art™ only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:

  • In any way that violates any applicable federal, provincial, local, and, international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Canada or other countries).
  • To send, download, use, or, re-use any material which does not comply with these Terms of Service.
  • To transmit or procure the sending of any mass advertising or direct solicitation material.
  • To impersonate or attempt to impersonate Jono Borden, his affiliated organizations, or, another user, or, another person, or, entity (including, without limitation, the use of e-mail addresses, screen names, or, likenesses associated with or confusingly similar to any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by Jono Borden, may harm him or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or, impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real-time activities through the Site.
  • Use any robot, spider, or, other automatic device, process, or, means to access the Site for any purpose, including to monitor or copy any of the material on the Site, with the exception of search engine indexing.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Jono Borden’s prior written consent.
  • Use any device, software, or, routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or, other material which is malicious or technologically harmful to the Site and its users.
  • Attempt to gain unauthorized access to, interfere with, damage, or, disrupt any parts of the Site, the servers on which the Site is stored, or any server, computer, or, database connected to the Site.
  • Attack the Site via a denial-of-service attack, a distributed denial-of-service attack, or, otherwise attempt to interfere with the proper working of the Site.

Termination of Use

Jono Borden: A Pornucopia of Degenerate Art™ shall have the right to immediately terminate or suspend, in its discretion, your access to all or part of the Site with or without notice for any reason.

Disclaimer of Warranty

You expressly agree that use of Jono Borden: A Pornucopia of Degenerate Art™ is at your sole risk and discretion. The Site and all content and other information contained on the Site is provided on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, whether express or implied. Jono Borden makes no warranty that the Site and content or information will be uninterrupted, timely, secure, or, error-free. The Site may include technical mistakes, inaccuracies, or, typographical errors. Jono Borden reserves the right to change the Site content and information at any time without notice.

Jono Borden makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of fitness for a particular purpose, or, non-infringement of intellectual property, or, other violation of rights. Further, Jono Borden does not warrant or make any representations concerning the accuracy or reliability of the use of the materials on the Site or otherwise relating to such materials or on any websites linked to this Site.

Limitation of Liability

In no event shall Jono Borden: A Pornucopia of Degenerate Art™ or its affiliates be liable for any indirect, incidental, special, punitive damages, or, consequential damages of any kind or any damages whatsoever arising out of or related to your use of the Site, the content, and, other information obtained therein.

Certain jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, thus the above limitations may not apply to you.

Governing Law

Any disputes arising out of or related to these Terms of Service and/or any use by you of Jono Borden: A Pornucopia of Degenerate Art™ shall be governed by the laws of Canada, without regard to the conflicts of the law’s provisions therein.

Modifications to this Agreement

Jono Borden: A Pornucopia of Degenerate Art™ reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Service from time to time. Your continued use of the Site after such modifications to this Agreement will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

Date of Last Update

This Agreement was last updated on February 19, 2015.

For questions or concerns, please contact Jono Borden.

Adapted from Termsfeed with permission.