Welcome to the JTV Community! We are excited to have you as part of our community, and we look forward to interacting with you. This Policy applies to the various communication and personalization tools and services offered on the JTV Network (defined below) that are part of our online community (the "Community Services").
The “JTV Network” consists of jtv.com, jtvauctions.com and any other web site owned or operated by the America’s Collectibles Network, Inc. (“ACN") or its affiliated companies, which include Multimedia Commerce Group, Inc.
Our Community Services are presently available to all visitors to JTV.com (“Users”). In the future, however, certain of our Community Services may only available to Users who sign up as Members. We reserve the right to restrict any or all of the Community Services to those who have signed up as Members. The Community Services may include services such as:
As used in this Agreement:
"Members" means persons who have submitted the information required by JTV to become a Member in some or all of the Community Services.
"Posting" means any written comment by a User.
"JTV Pages" means your personalized pages in the JTV Community.
"User Generated Content” is any content that is displayed in connection with the Community Services that is not submitted by JTV. Examples of User Generated Content include Postings by Users, JTV Community "profiles," the videos you post, and the photos and information on your JTV Pages.
“Administrators” or “Admins” are the individuals who Admin, moderate or supervise the Community Services on behalf of the JTV Community, including our staff that participate in Forums and Admin our Blogs.
Community Services Advertisements and Communications
You understand and agree that the Community Services and the pages on which Community Services are provided may include advertisements and that these advertisements are necessary for us to provide the Community Services. You also understand and agree that we may send you certain communications in connection with the Community Services, such as service announcements and administrative messages, and that you will not be able to opt out of receiving those communications, and that we may send you copies of any periodic newsletters or similar informative communications we send to Users generally (but you will have the opportunity to opt out of receiving future issues at any time). Any communications sent to you personally concerning your participation in the Community Services or related matters are not intended to be made public, and you agree not to post those communications in the Community Services or elsewhere on the Internet.
Member Identification and Use of Registration Data
As part of the registration process, you must select a username and password. You agree to register only once using a single username. The information that you supply during the registration process must be accurate and complete and you agree to not (i) register under the name of another person; (ii) choose a username that constitutes or suggests an impersonization of any other person or entity or that you are a representative of an entity when you are not, or that is offensive; (iii) choose a username for the purposes of deceiving or misleading other Users and/or the Admins as to your true identity; or (iv) choose a username that incorporates a solicitation (e.g., yoursitedotcom, jewelrystorename, isellrolexes). You represent and warrant to us that all of the information provided by you to us about you in connection with your participation in the Community Services is correct and current.
Your Forums profile is only displayed to other Users.
Your JTV profile contains both required and optional information. Unless otherwise noted, optional information is displayed both to other Users as well as to visitors to your JTV Pages.
Keeping Your Personal Information Private
No User Generated Content will be treated as confidential or proprietary, and it may be used by JTV or others without restriction.
You are responsible for maintaining the confidentiality of your password. You are responsible for all usage and activity in the Community Services through your username and password, including use of your username and password by any third party. Your account is unique to you and may not be transferred to any third party. You should notify us of any known or suspected unauthorized use of your username and password.
We recommend that you do not give out or display in the Community Services certain personal information, such as your full name, email address, street address, phone number or password. Members should be aware that disclosure of such information raises safety concerns and may result in solicitations from third parties not authorized by the JTV Network or other unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Services. You likewise agree to release us from any liability arising from any such disclosure of personal information by you.
User Generated Content Management
While we have no obligation to do so, we do our best to monitor most of the User Generated Content of the Community Services. However, since we do not monitor on a "real time" basis, you may see User Generated Content that is objectionable before we do. Please report such actions to the Admins. You understand that User Generated Content of the other Users is based on their individual opinion and experience, which may vary significantly from one person to the next. We do not endorse or guarantee the accuracy of any User Generated Content, and you agree that we are not responsible for the accuracy of User Generated Content and release us for any and all claims for damages you may incur as a result of the submission or use thereof.
We do not guarantee that any of your User Generated Content will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any User Generated Content that is important to you. You agree that we will not be responsible for any archiving or backup of any such materials, and we will not have any obligation or liability to you if any of your User Generated Content is damaged, lost or corrupted in any way or for any reason, or for the deletion of your User Generated Content if your access or account is terminated or deactivated.
We welcome all points of view on jewelry and gemstone matters. However, good manners are a must in the JTV Community. Please respect and interact with fellow Users in a polite and civil manner. Civility and respect underlie the success of an on-line community; if you wish to take issue with the statements of other Users or the Admins, please engage in healthy, mature debate and not immature behavior or name-calling. While we want to maintain an inviting environment for all Users, disruptive conduct, such as off-topic comments in a topic-oriented discussion in the Forums, is not allowed. Neither is "spam" (i.e., posting your message in multiple places throughout the Community Services).
The Forums are areas for the exchange of information and advice. Questions asked may be answered within the Forums, but please do not attempt to take the conversation out of the Forums (such as by requesting that an answer be emailed). Such actions deprive other Users of the benefit of the Forums.
All written User Generated Content must be in English.
Profanity, Harassment and Other Inappropriate Conduct
You may not submit User Generated Content that could be considered indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, illegal or defamatory, or any material that interferes with the ability of others to enjoy the Community Services. We wish to maintain a family-friendly, "G-rated" environment. Please use this as your guideline when in doubt.
In addition, we do not tolerate Users harassing, threatening or embarrassing other Users, including harassment or denigration based on age, gender, race, religion, national origin, sexual orientation or disability, or the stalking of other Users ("cyberstalking"). You agree not to engage in this behavior.
Illegal and Objectionable Activities
We do not allow the promotion of illegal conduct or activities or fraudulent schemes in the Community Services. Specifically, you may not advocate illegal conduct of any kind. You also agree to not engage in any illegal activity in connection with your participation in or use of the Community Services, and to not impersonate any other person, including any other User or any Admin.
Rights of Third Parties
You may not submit User Generated Content that infringe in any manner on the copyright, trademark or intellectual property rights of any person or entity, or that contain any confidential or proprietary information of any person or entity, or that otherwise violate the legal rights of any person or entity. You may not use the Community Services to distribute unauthorized copies of copyrighted material, including photos, artwork text, recordings, designs or computer programs.
You may not submit User Generated Content that contains personally identifiable information about other people, such as their phone number, street address or email address, or information about other people that could result in an invasion of their privacy or their harassment.
If you believe that your work has been copied in a Community Service in a manner that constitutes copyright infringement or otherwise violates your rights, please provide the notice required in accordance with the DMCA as specified in the Terms and Conditions.
You may not harvest or collect information about other Users from the JTV Network, including usernames, or use that information for the purpose of sending unsolicited bulk communications. You may not use or provide to any person or entity, whether or not for a fee, any directory of or information regarding other Users.
Promotions and Solicitations
You agree that, except with our prior consent, you will not upload, post, email, transmit or otherwise use any Community Service to make or distribute any unsolicited or unauthorized advertising, contests, sweepstakes, survey requests or promotional materials or implore Users to take actions that are intended to further a personal or commercial purpose. You agree you will not use information supplied within the Community Services to do any of the foregoing, by email or any other method. You agree not to gather public email addresses from User profiles for any purpose. You agree that your Postings will not promote, link to or encourage others to visit jewelry and gemstone web sites that provide message boards, forums or chats.
The Admins will remove any link they believe does not provide value to Users. Links included as a part of your signature line are not permitted and may be removed by the Admins.
JTV vendors, contractors and employees are prohibited from providing User Generated Content to the Community Services unless authorized by JTV.
License of User Generated Content to Us
You agree that, by submitting User Generated Content to the Community Services, you are granting and conveying to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, create derivative works from, distribute, display and provide to third parties that User Generated Content throughout the world for any purpose and in any media. You are also granting and conveying to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party from the unauthorized use or reproduction of your User Generated Content, as well as the right to attribute your User Generated Content to you and you waive any "moral rights" in your User Generated Content. You agree that you will not use or reproduce any User Generated Content of any other User in any manner or in any media, including posting or republishing any User Generated Content of another User on any other Web site. You may, however, occasionally reprint or post excerpts, not to exceed 50 words, from a single Posting of another User if it is clear that the original and full Posting is available within the Community Services. You agree to such use of your Postings and User Generated Content by other Users. Within the JTV Network, you may also display a link to, or the address of, the page of the JTV Network on which any User Generated Content appears.
Your Profile and Pages
JTV.com may give you the option, as a registered User, to create a social networking profile and JTV pages. In using these services, please note that you may not:
Use of our Trade Names
You acknowledge that we own and reserve all right, title and interest in and to our Trademarks, and that we reserve the right to disapprove any use by you or by others of our Trademarks. (Our Trademarks include, but are not limited to, JTV®, Jewelry Television®, jtv.com™, America’s Collectibles Network™, and ACN® and all variants of those names.) You agree that if requested by us, you will promptly terminate all use of any of our Trademarks, and that we may so request if any use of any of our Trademarks is not in accordance with the terms of this Agreement, does not meet the high standards of quality established by JTV with respect to the use of our Trademarks, or would expose JTV to any risk of liability or loss. You agree not to: (i) take any actions that would adversely affect our rights in our Trademarks, or (ii) file any application or other document with any governmental authority to register any corporate name, trade name, trademark, service mark, certification mark, collective mark or other similar designation that includes any of our Trademarks or any confusingly similar names, or (iii) take any other action that is inconsistent with our rights in our Trademarks (or aid or abet any third person in doing so).
Community Security; Violations of Law
Violations of system and network security are prohibited, and may result in criminal and civil liability. Examples of system and network security violations include the following:
We may investigate incidents involving such violations, any violations of this Agreement that may constitute or have the potential to constitute violations of law, and any activity by Users on the JTV Network or the Community Services that constitute or may constitute violations of law. You understand that we may report any such activity to, and cooperate with, law enforcement, with or without receipt by us of a subpoena or other legal process, which may include without limitation disclosure of the information that you have provided to us about you.