Introduction and Acceptance

This Agreement is made between Journey To Me ("JTM"), the owner of the journeytome.com website ("Website") and you, the Customer ("Customer," "you" or "your") and explains and governs the obligations of JTM and Customer in creating and administering Customer's online journal through the Website ("Agreement"). Please read this Agreement carefully before completing the registration process. By clicking the acceptance box which follows this Agreement, Customer becomes contractually bound by the terms of this Agreement. The effective date of this Agreement is the date of purchase of the service from the Website.

Customer represents and warrants that Customer is eighteen (18) years of age or older.

JTM provides users access to information related to adoption and submissions by third parties related to their personal adoption experiences, for the purpose of educating individuals about adoption, sharing information, and providing support to individuals with adoption experiences. JTM allows third parties to register with the Website in order to make information available to other users and/or individuals through online journals. JTM does not warrant or guarantee the accuracy of any information available from the Website.

Any links contained on the Website to third party websites enable visitors to go directly to other websites, which are not controlled by this Website. JTM is not responsible for the contents of any linked website. The inclusion of a link does not necessarily imply JTM's endorsement of the linked site or the information contained therein, or the linked website's endorsement of this Website or the information contained herein.

You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of its terms. You shall use the Website for legal purposes only and shall not use it in any manner that violates the laws of any jurisdiction. You do not receive any, and JTM retains all, ownership rights in the Website and the software and technology underlying the Website, except for materials posted by you to the Website, which shall remain your sole property.

Registration with JTM is required in order for you to create an online journal ("Registration"). Your Registration is personal to you, and you may not transfer or make available your account name and password to others, and agree to keep the username and password confidential. By registering with JTM you agree that the information you provide to us on registration and at all other times is true, accurate, current and complete (“Registration Data”). You also agree to maintain and promptly update the Registration Data, should it change, by e-mailing info@journeytome.com.

JTM agrees to provide the following services to Customer free of charge:

1. Instructions for creating a personal journal;
2. Space for an online journal including unlimited pages with an upload capacity of one photograph on the homepage of the journal and five photographs on all other journal pages. All pages will allow unlimited text;
3. A private and exclusive user name and password; and
4. Twelve months web hosting which is activated upon making the first journal entry, through the use of a password and user name.

After expiration of the twelve month free web hosting period described above, you may extend the web hosting for your online journal by payment of a hosting fee in the amount of $5.00 per month. JTM will provide an email notification to you, at the email given to JTM upon Registration, giving you advance notice of expiration of your free web hosting and your renewal option. Customer understands that Customer's journal will expire twelve (12) months after Customer's first journal entry, unless appropriate arrangements have been made for renewal.

In addition, JTM offers the option to you for purchase of a compact disc containing a copy of your online journal at a cost of $35.00 per compact disc.

You understand that all information, data, text, images or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which said Content originated. As such, you are entirely responsible for all Content you upload, post, email, transmit or otherwise make available to JTM or third parties. You must have the legal right to display, upload and share your Content to or with JTM or third parties. Customer represents and warrants that Customer has obtained express permission from individuals whose photographs and stories appear in Customer's journal to publish those photographs and stories.

You grant JTM permission and a license to copy, transmit, publicly display and reproduce your Content, including your online journal, on the Website.

You are responsible for keeping a copy of the Content you submit to JTM or post on the Website and JTM is not liable or responsible for any loss of Content posted or submitted by you, or any part thereof. Under no circumstances will JTM be liable or responsible in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Website. Customer agrees to exclude last names and addresses from text and photographs in Customer's online journal. Customer may use fictitious names in the ext of Customer's journals.

By submitting Content to the Website you are expressly assuming the risk that third parties may download, copy, or otherwise use your Content without your permission or authority and without authorization by JTM. You hereby agree that JTM is not liable for any illegal or unauthorized use or copying of your Content by third parties.

You agree not to use the Website:

a. for any unlawful purposes;
b. to upload, post, distribute, email or otherwise transmit or make available any material, data, text or computer file that is (i) defamatory, harassing, threatening, insulting or abusive; (ii) an invasion of privacy or publicity rights; (iii) vulgar, obscene, pornographic or sexually explicit; (iv) bigoted, hateful or racially offensive; or that (v) encourages or advocates illegal activity or discussion of illegal activities with intent to commit them.
c. to upload, post, distribute, email or otherwise transmit or make available any material, data, text, or computer file that (i) you do not have a right to transmit or communicate; (ii) infringes and/or violates any copyright, trademark, patent or other intellectual property right or any other proprietary rights of any party; (iii) infringes any other parties right of privacy or publicity or any confidentiality obligation.
d. to upload, post, distribute, email or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component;
e. to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity; or
f. to interfere with or disrupt (or attempt to interfere with or disrupt) the Website or servers or networks connected to the Website.

JTM is not responsible for screening material posted by Customer; however, JTM reserves the right, but not the obligation, to modify or remove any material available via the Website which violates this Agreement, or which JTM, in its sole discretion deems offensive, abusive, defamatory or otherwise unacceptable.

You represent and warrant that you are the author of all Content submitted by you to the Website and that you have all rights and authority to submit the Content to JTM. You represent and warrant that none of the Content will violate any law or infringe upon or violate the rights of any third party.

Customer takes full responsibility for any injury or loss created by Customer's online journal. Customer agrees to indemnify and hold harmless JTM, its officers, directors, affiliates, agents and employees against any and all claims, expenses, losses or liabilities (including, without limitation, reasonable attorneys’ fees and court costs) arising from or in connection with Customer's online journal, Customer's posting of any Content to the Website, or Customer's breach of the warranties and promises given by Customer herein.

THE WEBSITE IS PROVIDED BY JTM "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, JTM DISCLAIMS ANY WARRANTIES THAT THE WEBSITE ARE FREE OF DEFECTS, VIRUS FREE AND DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT TO JTM, AND THE DOWNLOAD OF CONTENT THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF ANY CONTENT. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT.

IN NO EVENT WILL JTM BE LIABLE TO ANY PERSON OR ENTITY FOR ANY CLAIM, LIABILITY, EXPENSE, OR DAMAGE (WHETHER ACTUAL, SPECIAL, OR CONSEQUENTIAL) RELATING TO THE INFORMATION OR MATERIALS APPEARING ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO CONTENT PROVIDED BY YOU, THE USE OR MISUSE OF THE WEBSITE, OR ACCESS OR INABILITY TO USE THE WEBSITE.

JTM DISCLAIMS ANY AND ALL LIABILITY FOR ACTS, OMISSIONS, AND CONDUCT OF ANY USERS AND ADVERTISERS AND/OR SPONSORS ON THE WEBSITE. YOU AGREE THAT JTM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY DEALINGS WITH ADVERTISERS FOUND ON OR THROUGH THE WEBSITE, OR AS A RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE WEBSITE. YOU EXPRESSLY AGREE AND UNDERSTAND THAT UNDER NO CIRCUMSTANCES WILL JTM BE RESPONSIBLE FOR DAMAGES TO YOU IN EXCESS OF THE TOTAL AMOUNT OF FEES PAID BY YOU TO JTM HEREUNDER.

The materials and content, including text, photos, and other content, on this Website are protected by intellectual property laws. JTM and its licensors are the sole and exclusive owners, throughout the world, of copyright and all rights of copyright in and to such materials and content under the United States Copyright Act and international laws and conventions. Visitors may not copy, reproduce, or transmit any materials appearing in this Website without the express prior written permission from the copyright owners.

You agree that your access and use of the Website shall be within the limits allowed by the applicable law and that you are not entitled to duplicate, reproduce, republish, distribute or download any material contained on the Website, unless otherwise agreed to by JTM.

The JTM name and logo, and all related product and service marks and slogans are the service marks and trademarks of JTM. All other product and service marks contained on the Website are trademarks of their respective owners. You may not use any JTM or third party trademarks, service marks or logos without the prior written consent of JTM or the third party trademark owner.

In the event that JTM determines, in its sole discretion, that Customer has breached any portion of this Agreement, or has taken action which negatively impacts JTM or consumer's of its Website services, JTM reserves the right to, without giving notice to Customer: (i) warn Customer via e-mail, mail, or phone, that Customer has violated this Agreement or engaged in inappropriate activity, (ii) terminate this Agreement and Customer's Registration, (iii) discontinue any service, (iv) delete any or all Content provided by Customer, (v) notify and/or send Content to and/or fully cooperate with the proper law enforcement agencies for further action, and/or (vi) take any other action with JTM deems to be appropriate to protect its customers, Website visitors, and business.

Customer has read and understands JTM's Privacy Policy, which is located in the text links at the bottom of the home page of the Website, and which is incorporated by this reference into this Agreement.

This Agreement shall be construed, applied, and interpreted in accordance with the laws of the State of Colorado, without regard to conflicts of laws principles. In the event of any dispute arising out of or in connection with this Agreement, jurisdiction and venue shall be solely and exclusively in the state or federal courts located in Denver, Colorado, and the parties hereby submit themselves to the jurisdiction of said courts.

This Agreement and the Privacy Policy constitute the entire understanding and agreement between JTM and Customer with respect to your use of the Website and Registration with JTM.

JTM's failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be prohibited by law and invalid, or for any reason such provision is held unenforceable, in whole or in part, that provision shall be considered severable and its invalidity or unenforceability shall not affect the remainder of this Agreement, which shall continue in full force and effect.

If you have any comments or questions about the Website services or this Agreement, please contact us by email at info@journeytome.com or via mail to:

Journey To Me
8964 Forrest Drive,
Highlands Ranch Colorado 80126

BY CHECKING THE ACCEPT BOX THAT FOLLOWS THIS AGREEMENT, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.