Terms of Use

 Robert K. Casey is the owner and author of the web site, Poetical Journeys; the e-zine, the Poetical Journal; and the blog, PJBlog.  Other services and options may be offered in the future.  When such occur, they are covered, whether explicitly so stated in this paragraph, by this agreement.  The current three entities shall hereafter be referred to by the collective name of the PJGROUP.

1. Acceptance of Terms

 PJGROUP provides a collection of online resources, including but not limited to classified ads, forums, blogs, member participation options, and various other services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU").  By using the Service in any way, you are agreeing to comply with the TOU.  In addition, when using particular PJGROUP services, you agree to abide by any applicable posted guidelines for all PJGROUP services, which may change from time to time.  Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the PJGROUP in any way, your only recourse is to immediately discontinue use of PJGROUP.  There is no option for recompense of any kind, whether monetary or otherwise.

2. Member Conduct and Content.

2.1 Prohibited Conduct. PJGROUP, a privately-owned company, has been created to advance and support positive change in the world. In keeping with the PJGROUP philosophy, you agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content") that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • solicits personal information from anyone under the age of eighteen (18);
  • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own unless legal consent is given by the individual whose personal information is being distributed;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
  • includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent.

2.2 Responsibility for Content. You, and not the PJGROUP, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. The PJGROUP does not control the Content posted via the Service and, as such, we do not guarantee the accuracy, integrity, or quality of such Content.  You understand that by using the Service, you may accidentally be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will the PJGROUP be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

2.3 Rejection/Removal of Content.  You acknowledge that the PJGROUP may or may not pre-screen Content posted on any of its entities, but that the PJGROUP shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via the Service.  Without limiting the foregoing, the PJGROUP shall have the right to remove from its entities any Content that violates this Agreement or is otherwise objectionable, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the Services by any person, please contact the PJGROUP.

2.4 Preservation/Disclosure.  You acknowledge, consent and agree that the PJGROUP may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the PJGROUP, its Members and the public.

2.5 Security Components.  You understand that the PJGROUP and software embodied within the entities may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the PJGROUP and/or content providers who provide content to the PJGROUP. You may not attempt to override or circumvent any such security components and usage rules embedded into the PJGROUP.

2.6 Non-commercial Use.  The Service is for the personal use of Members only and may not be used in connection with any commercial purposes, except as specifically approved by the PJGROUP.  Unauthorized framing of or linking to the PJGROUP is prohibited.  Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges.

2.7 License to Display Your Content. The PJGROUP claims no ownership over any Content submitted, posted or displayed by you on or through it. You or a third party licensor, as appropriate, retain all patent, copyright, and trademark rights to any Content you submit, post or display on or through the PJGROUP and you are responsible for protecting those rights, as appropriate. By submitting, displaying or publishing ("posting") any Content on or through the PJGROUP, you hereby grant to the PJGROUP a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sub-license through unlimited levels of sub-licensees) to use, copy, reproduce, publish, display, store, transmit and distribute such Content on and through the PJGROUP. This license will terminate at the time you remove such Content from the Website. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may remain on PJGROUP servers after you have removed the Content. You represent and warrant that: (i) you own the Content posted by you on or through the PJGROUP or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the PJGROUP does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

2.8 PJGROUP and Third Party Content. The PJGROUP contains Content of PJGROUP ("PJGROUP Content"), which is protected by copyright, trademark, patent, trade secret and other laws, and PJGROUP owns and retains all rights in the PJGROUP Content. PJGROUP hereby grants to you a limited, revocable, non-sublicensable license to reproduce and display the PJGROUP Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Service. The Website also contains Content of other Members and other PJGROUP licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the PJGROUP.

2.9 International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.  Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

3. Privacy Policy.

The PJGROUP respects your privacy and permits you to control the treatment of your personal information.  Your information is not sold or distributed to third parties without your express permission.

4. Copyright Policy.

The PJGROUP has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on its entities or with the Service.  The PJGROUP has adopted a policy that provides for the immediate suspension and/or termination of any entity or Service user who is found to have infringed on the rights of the PJGROUP or of a third party, or otherwise violated any intellectual property laws or regulations.  The PJGROUP’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want PJGROUP to delete, edit, or disable the material in question, you must provide the PJGROUP with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PJGROUP to locate the material; (d) information reasonably sufficient to permit PJGROUP to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to the PJGROUP at: support@poeticaljourneys.com.

5. Member Disputes.

You are solely responsible for your interactions with other Members.  PJGROUP reserves the right, but has no obligation, to monitor disputes between you and other Members.

6. Affiliated Websites.

The PJGROUP has no control over, and no liability for any third party websites or materials. PJGROUP works with a number of partners and affiliates whose websites may be linked with the Website.  Because PJGROUP has no control over the content and performance of these partner and affiliate websites, PJGROUP makes no guarantees about the accuracy, currency, content, or quality of the information provided by such third party websites, and PJGROUP assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites.

7. Term and Termination.

This Agreement shall remain in full force and effect while you use the PJGROUP’s Website, Services, or are a Member. You may terminate your membership at any time, for any reason, by emailing Robert K. Casey at bob@poeticaljourneys.com and notifying him of your termination. PJGROUP reserves the right to terminate your account or your access to its services immediately, with or without notice to you, and without liability to you, if PJGROUP believes that you have breached any of the terms of this Agreement, furnished PJGROUP with false or misleading information, or interfered with use of the Website or the Service by others. The terms of Sections 8 -13 shall survive termination of this Agreement and your use of the Service.

8. Disclaimer of Warranties.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

8.1 YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  PJGROUP AND ITS SUBSIDIARIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

 8.2 PJGROUP AND ITS SUBSIDIARIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

 8.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

9. Limitation on Liability.

IN NO EVENT SHALL PJGROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF PJGROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PJGROUP'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PJGROUP FOR THE SERVICES.

10. Indemnity.

You agree to indemnify, defend, and hold harmless PJGROUP, its owners, affiliates, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. PJGROUP will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

11. Miscellaneous.

11.1 Entire Agreement. This Agreement, together with any other terms or policies referenced herein, constitutes the entire agreement between you and PJGROUP and governs your use of the Service, superseding any prior agreements between you and PJGROUP with respect to the Service.

11.2 Choice of Law and Forum. This Agreement and the relationship between you and PJGROUP shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and PJGROUP agree to submit to the personal and exclusive jurisdiction of the courts located within Knox County of Ohio.

11.3 Waiver and Severability of Terms. The failure of PJGROUP to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

11.4 No Right of Survivorship and Non-Transferability. You agree that your membership account is non-transferable and any rights to your membership ID or contents within your account terminate upon your death.  Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

11.5 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) month after such claim or cause of action arose or be forever barred.

11.6 Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

If you have any questions regarding this Agreement, please contact us at: by email at bob@poeticaljourneys.com or by mail at Poetical Journeys; PO Box 319; Fredericktown, OH 43019.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. FURTHERMORE, BY PARTICIPATING IN THE ACTIVITIES OF THE PJGROUP, YOU HAVE AGREED TO THIS TOU.