The services that JACQUIE JORDAN, INC. provides to members of TVGUESTPERT.COM
DESCRIPTION OF SERVICES
- JACQUIE JORDAN, INC., through its Web Property TVGUESTPERT.COM, will provide
any person who is approved by JACQUIE JORDAN INC., in its sole discretion, and
who subscribes to TVGUESTPERT.COM ("Member") with a personal profile on a web
page that contains their Brand Identity, Photo, Contact Information and other
materials such as, but not limited to, video files, informational content, links
to products, biography and head shot ("Materials") specific to level of membership.
Member is solely responsible for providing all Materials to TVGUESTPERT.COM
for placement on the web site.
- TVGUESTPERT.COM provides Members with increased visibility to executives
in the television medium through direct marketing and web search engine results.
TVGUESTPERT.COM will be marketed to available and interested parties in the
television industry seeking qualified candidates. JACQUIE JORDAN, INC. does
not guarantee that exposure to media or any marketing done by JACQUIE JORDAN,
INC., on behalf of Member will result in television bookings.
- Membership commences when TVGUESTPERT.COM has received all Materials, initial
payment, and Member's profile goes online and shall continue until terminated
as contemplated herein.
- The right to use TVGUESTPERT.COM is personal to Member and is not transferable
to any other person or entity. Member is responsible for all use of Member's
account (under any screen name or password, if any) and for ensuring that all
use of Member's account complies fully with the provisions of this agreement.
Member shall be responsible for protecting the confidentiality of Member's password,
- JACQUIE JORDAN, INC. shall have the right at any time, in its sole discretion,
to change or discontinue any aspect or feature of TVGUESTPERT.COM including,
but not limited to, content and hours of availability.
- Member shall use TVGUESTPERT.COM for lawful purposes only. Member shall
not post or transmit through TVGUESTPERT.COM any material which violates or
infringes in any way upon the rights of others, which is unlawful, threatening,
abusive, defamatory, invasive of privacy or public rights, vulgar, obscene,
profane or otherwise objectionable, which encourages conduct that would constitute
a criminal offense, give rise to civil liability or otherwise violate any law,
or which, without TVGUESTPERT.COM's express prior approval, contains advertising
or any solicitation with respect to products or services. Any conduct by Member
that in TVGUESTPERT.COM's discretion restricts or inhibits any other Member
from using or enjoying TVGUESTPERT.COM will not be permitted. Member shall not
use TVGUESTPERT.COM to advertise or perform any commercial solicitation, including,
but not limited to, the solicitation of Members to become subscribers of other
online information services competitive with TVGUESTPERT.COM without prior written
- TVGUESTPERT.COM contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, photos, videos, graphics,
and the entire contents of TVGUESTPERT.COM. These materials are copyrighted
as a collective work under the United States copyright laws. TVGUESTPERT.COM
and its content providers each shall have the right to assert and enforce such
provisions directly or on its own behalf. Member may not modify, publish, transmit,
participate in the transfer of sale, create derivative works, or in any way
exploit, any of the content, in whole or in part. Member may download copyrighted
material for Member's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will be permitted without
the express written permission of TVGUESTPERT.COM and the copyright owner. Member
acknowledges that it does not acquire any ownership rights by downloading copyrighted
- Member shall not upload, post or otherwise make available on TVGUESTPERT.COM
any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary
right and the burden of determining that any material is not protected by copyright
rests with member. Member shall be solely liable for any damage resulting from
any infringement of copyrights, proprietary rights or any other harm resulting
from such a submission and shall indemnify TVGUESTPERT.COM and JACQUIE JORDAN,
INC., including reasonable attorneys' fees, for any and all claims related thereto.
By submitting material to any public area of TVGUESTPERT.COM, Member automatically
grants, or warrants that the owner of such material has expressly granted TVGUESTPERRT.COM
the royalty-free, perpetual, irrevocable, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate and distribute such material
(in whole or in part) worldwide and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term
of any copyright that may exist in such material. Member also hereby permits
any other Member to access, view, store or reproduce the material for that Member's
personal use. Member hereby grants TVGUESTPERT.COM the right to edit, copy,
publish and distribute any material made available on TVGUESTPERT.COM by Member.
USE OF SERVICES
TVGUESTPERT.COM may add services to the web site that contain discussion forums,
chat areas, news groups, email services, bulletin board services, communities, personal
web pages, calendars, photo albums and/or other messaging or communication facilities
designed to enable Member to communicate with others (each a "Communication Service"
and collectively "Communication Services"). Member agrees to use the Communication
Services only to post, send and receive messages and material that are proper and,
when applicable, related to the particular Communication Service. By way of example,
and not as a limitation, Member agrees that when using the Communication Services,
Member will not:
- Use the Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Upload, or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws, including
by way of example and not as limitation, copyright or trademark laws (or by
rights of privacy or publicity) unless Member owns or controsl the rights thereto
or has received all necessary permissions to do the same.
- Use any material or information, including images or photographs, which
are made available through the Communication Services in any manner that infringes
on any copyright, trademark, patent, trade secret, or other proprietary right
of any party.
- Upload files that contain any viruses, Trojan horses, worms, time bombs,
cancelbots, corrupted files, or any other similar software or programs that
may damage the operation of another's computer or property of another.
- Falsify or delete any copyright management information, such as author attributions,
legal or proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other Member from using and enjoying the Communication
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others
- Use, download or otherwise copy, or provide (whether or not for a fee) to
a person or entity any directory of Members of the Communication Services or
other Member or usage information or any portion thereof.
TVGUESTPERT.COM has no obligation to monitor the Communication Services. However,
TVGUESTPERT.COM reserves the right to review materials posted to the Communication
Services and to remove any Materials at its sole discretion. TVGUESTPERT.COM reserves
the right, in its sole discretion, to terminate Member's access to any or all of
the Communication Services at any time, without notice, for any reason whatsoever.
TVGUESTPERT.COM reserves the right at all times to disclose any information it deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in JACQUIE JORDAN, INC.'s sole discretion.
LIMITATION OF LIABILITY
- TVGUESTPERT.COM does not claim ownership of the materials Member provides
to TVGUESTPERT.COM (including feedback and suggestions) or post, upload, input
or submit to any Services or its associated services for review by the general
public, or by the members of any public or private community (each a "Submission"
and collectively "Submissions"). However, Member acknowledges that by posting,
uploading, inputting, providing or submitting ("Posting") Submissions, Member
is granting JACQUIE JORDAN, INC., its affiliated companies and necessary sub-licensees
permission to use Member's Submissions in connection with the operation of their
internet businesses (including without limitation, all TVGUESTPERT.COM Services),
including without limitation, the license rights to copy, distribute, transmit,
publicly display, reproduce, edit and reformat Member's Submissions; to publish
Member's name in connection with Member's Submission; and the right to sublicense
such rights to any supplier of the Services contemplated hereunder.
- TVGUESTPERT.COM is a distributor (and not a publisher) of content supplied
by third parties and Members. Accordingly, TVGUESTPERT.COM has no more editorial
control over such content than does a public library, bookstore, or newsstand.
Member acknowledges that any opinions, advice, statements, services, offers,
or other information or content expressed or made available by third parties,
including information providers, Members or any other Member of TVGUESTPERT.COM,
are those of the respective author(s) or distributor(s) and not of JACQUIE JORDAN,
INC. Member further acknowledges that neither TVGUESTPERT.COM nor any third
party provider of information guarantees the accuracy, completeness, or usefulness
of any content, nor its merchantability or fitness for any particular purpose.
- Member expressly agrees that use of TVGUESTPERT.COM is at Member's sole
risk. Member acknowledges that neither JACQUIE JORDAN, INC., its affiliates
nor any of their respective employees, agents, third party content providers
or licensors warrant that TVGUESTPERT.COM will be uninterrupted or error free;
nor do they make any warranty as to the results that may be obtained from use
of TVGUESTPERT.COM, or as to the accuracy, reliability or content of any information,
service, or merchandise provided through TVGUESTPERT.COM.
- TVGUESTPERT.COM is provided on an "as is" basis without warranties of any
kind, either express or implied including, but not limited to, warranties of
title or implied warranties of merchantability or fitness for a particular purpose,
other than those warranties which are implied by and incapable of exclusion,
restriction or modification under the laws applicable to this agreement.
By entering into this agreement, TVGuestpert and Member both agree to mediate
all differences arising out of said agreement.
In consideration of the terms and covenants of this agreement, and other valuable
consideration, the receipt of which is acknowledged, the parties agree as follows:
MATTERS TO BE SUBMITTED TO MEDIATION
All disputes and controversies of every kind and nature between the parties to
this agreement arising out of or in connection with TVGuestpert.com as to the existence,
construction, validity, interpretation or meaning, performance, nonperformance,
enforcement, operation, breach, continuance, or termination of the agreement shall
be submitted to mediation pursuant to the procedure set forth in this agreement.
- Either party may demand such mediation in writing within 30 days after the
controversy arises, which demand shall include the name of the mediator appointed
by the party demanding mediation, together with a statement of the matter in
- Within 30 days after such demand, the other party shall name its mediator,
or in default of such naming, such mediator shall be named immediately by the
Arbitration Committee of the American Arbitration Association, and the two mediators
so selected shall name a third mediator within 30 days or, in lieu of such agreement
on a third mediator by the two mediators so appointed, a third arbitrator shall
be appointed by the Arbitration Committee of the American Arbitration Association.
- An award rendered by a majority of the mediators appointed under this agreement
shall be final and binding on all parties to the proceeding during the period
of this agreement, and judgment on such award may be entered by either party
in the highest court, state or federal, having jurisdiction.
AGREEMENT AS BAR TO SUIT
- The provisions of this agreement shall be a complete defense to any suit,
action, or proceeding instituted in any federal, state, or local court or before
any administrative tribunal with respect to any controversy or dispute arising
during the period of this agreement and which is arbitrable as set forth in
- The mediation provisions of this agreement shall, with respect to such controversy
or dispute, survive the termination or expiration of any TVGustpert.com subscription.
LACK OF MEDIATORS' AUTHORITY TO MODIFY AGREEMENT
Nothing contained in this agreement shall be deemed to give the mediators any
authority, power, or right to alter, change, amend, modify, add to, or subtract
from any of the provisions of TVGUESTPERT.COM WEB SITE SERVICE AGREEMENT/TERMS OF
It is agreed that this agreement shall be governed by, construed, and enforced
in accordance with the laws of the State of California.
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either
party in connection with this agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
Any notice provided for or concerning this agreement shall be in writing and
be deemed sufficiently given when sent by certified or registered mail return receipt
requested if sent to the respective address of each party as set forth herein.
SUBSCRIPTION AND BILLING
Subscribing Member agrees to pay TVGUESTPERT.COM all charges appropriate to level
of membership. By entering into this agreement Subscribing Member hereby agrees
to subscribe to TVGUESTPERT.COM for twelve (12) months. Member will pay for the
entire year in advance via American Express, Discover , Visa, Master Card, Wire
Transfer, Check or Money Order only.
- Additional fees will be charged to Member's account for revisions made to
Member's profile (by TVGuestpert.com staff) at Member's request at the rate
of $50.00 per hour. These charges only apply to revisions made to profile after
the commencement date of this agreement and only to revisions made by TVGUESTPERT.COM
staff at the request of Member. By entering into this agreement, member authorizes
JACQUIE JORDAN, INC. to charge Members chosen payment provider ("Payment Method").
Member agrees to choose American Express, Discover , Visa, Master Card, Wire
Transfer, Check or Money Order only as the Payment Method. Checks submitted
to TVGUESTPERT.COM shall always be made payable to JACQUIE JORDAN, INC.
- Send checks to:
Jacquie Jordan, INC
c/o Darice Fisher
P.O. BOX 1234
El Segundo CA 90245
- Member agrees to pay a fee of $30.00 for any returned checks. TVGUESTPERT.COM
is under no contractual obligation to render services to any Member whose payment
is late or whose check has been returned.
- By entering into this Agreement, TVGUESTPERT.COM reserves the right, in
its sole discretion, to immediately terminate Member's subscription at any time
for any reason including, but not limited to, nonpayment of Member fees. If
Member's subscription is terminated, Member's payment obligations for future
services shall cease as of the day of such termination; provided, however, that
Member shall be responsible for the Member fees incurred up to and including
the day of termination.
This agreement represents the whole agreement between the parties and wholly
supersedes any agreement to understanding whatsoever between the parties. By joining