Updated: April 1, 2019
These Terms of Use (as amended in the future, this “Agreement”) is an agreement between you (“you” or “user”) and Jun Group Productions, LLC d/b/a Advantage Performance Group and its subsidiaries and affiliates (collectively “APG”, “we”, or “us”). This Agreement governs your access and use of each of APG’s websites (the “Websites”) and their features and contents (collectively, the “APG Services”), whether accessed via computer, mobile device or other technology. APG is based in the United States and the APG are hosted in the United States.
APG furnishes the Websites and the APG Services for your personal enjoyment and entertainment. By visiting the Websites (whether or not you are a registered member) or using the APG Services, you accept and agree to be bound by this Agreement, and to abide by all applicable laws, rules and regulations ("Applicable Law"). APG may modify this Agreement at any time, and each such modification will be effective upon posting on the Websites. Your continued use of the Websites or the APG Services following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the APG Services immediately. If you access the Websites from a mobile device, APG is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of those Websites or the APG Services.
In order to access certain features of the Websites, you may be required to register for an account. Children under the age of 18 are not authorized to register for accounts, and the content of the Websites is not intended for children under 18. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, username, email address or password of another user at any time. You agree to notify APG immediately if you suspect any unauthorized use of, or access to, your account or password.
This Agreement remains in full force and effect while you use the APG Services. You may terminate your account on the Websites at any time, for any reason, by emailing privacy@jungroup.com. APG may terminate your account and/or access to the APG Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the APG Services is terminated, this Agreement will remain in effect.
The APG Services contain information, text, files, images, images, video, sounds, musical works, works of authorship, applications, and any other materials or content (collectively, "Content") of APG or its licensors ("APG Content"). APG Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and APG, APG owns and retains all rights in the APG Content and the APG Services. APG hereby grants you a limited, revocable, non-sublicensable license to access and display the APG Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Websites and using the APG Services. Except as provided in this Agreement or as explicitly allowed on the APG Services, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the APG Services.
The APG Services are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from APG. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the APG Services (collectively, "User Content"). You understand that APG does not control the User Content posted by users via the APG Services and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content. APG assumes no responsibility or liability for this type of Content. APG assumes no responsibility for monitoring the APG Services for inappropriate Content or conduct. If at any time, APG chooses in its sole discretion to monitor the APG Services, APG nonetheless assumes no responsibility for Content other than APG Content, assumes no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You agree not to use the APG Services to post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of another's privacy, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory. APG reserves the right, but disclaims any obligation or responsibility, to remove User Content that violates this Agreement, as determined by APG in its sole discretion.
The Websites may offer users the ability to post public messages on message boards and forums ("Forums"), which may be open to the public generally, to all members of the Websites, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and APG cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. APG is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. APG reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.
APG does not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the APG Services; provided, however, that User Content shall not include any Content posted by a user that is already owned by APG or any affiliated company. By posting any User Content on, through or in connection with the APG Services, you hereby grant to APG and our affiliated companies, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content, including your name, voice, likeness and other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or any non-commercial or commercial purposes. You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the APG Services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of User Content by you on, through or in connection with the APG Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
If you believe that any material residing on or linked to from the Websites infringes your copyright, please send APG's copyright agent a notification of claimed infringement with all of the following information: (a) 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; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the APG Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature. APG's copyright agent for notification of claimed infringement can be reached at [copyright@jungroup.com].
The APG Services may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties ("Third Party Services"). When you engage with a Third Party Service, you are interacting with the third party, not with APG. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service's privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. APG is not responsible for and makes no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the APG Services does not imply approval or endorsement of the Third Party Service. APG is not responsible for the content or practices of any websites other than the Websites, even if the website links to the Websites and even if it is operated by an affiliated company or a company otherwise connected with the Websites. By using the APG Services, you acknowledge and agree that APG is not responsible or liable to you for any content or other materials hosted and served from any website other than the Websites. When you access Third Party Services, you do so at your own risk.
Use of the APG Services is also governed by our Privacy Policy http://jungroup.com/pp.html, which is incorporated into this Agreement by this reference.
The APG Services are provided "AS IS" and "as available" and APG does not guarantee or promise any specific results from use of the APG Services. APG expressly disclaims any warranties and conditions 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. Under no circumstances will APG be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the APG Services, problems or technical malfunction in connection with use of the APG Services, attendance at a APG event, any material downloaded or otherwise obtained in connection with the APG Services, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the APG Services, or the conduct of any users of the APG Services, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect the opinions or policies of APG.
IN NO EVENT WILL APG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE APG SERVICES, EVEN IF APG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, APG’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 APG FOR THE APG SERVICES DURING THE TERM OF YOUR USE OF THE APG SERVICES. YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF APG’S ACTS OR OMISSIONS OR YOUR USE OF APG SERVICES ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON'S ABILITY TO ACCESS ANY PORTION OF THE APG SERVICES.
Applicable Law; Jurisdiction; Dispute Resolution. (a) APG makes no representations or warranties that the content or materials of the APG Services are appropriate or lawful in any countries outside the United States, or that any items or applications offered for sale or download through links on the APG Services will be available outside the United States. Those who choose to access the APG Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export or re-export any content downloaded from the APG Services or any copy or adaptation of such content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. (b) This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York without regard to conflict of law principles. You agree that any all disputes, claims and causes of action relating to this Agreement, the APG Services, and/or the Privacy Policy, shall be resolved individually, without resort to any form of class action, exclusively by confidential arbitration in New York City, before a single arbitrator pursuant to the then-current arbitration rules of the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. You agree to commence any arbitration proceeding with respect to this Agreement within one year after the claim arises. You agree that a proceeding commenced after this date is barred.
You agree to indemnify and hold APG, its affiliated companies, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Websites or the APG Services, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the APG Services.
APG may, from time to time, post APG employment opportunities on the APG Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to APG in response to employment listings, you are authorizing APG to utilize this information for all lawful and legitimate hiring and employment purposes. APG also reserves the right, at its sole discretion, to forward the information you submit to its affiliated companies for legitimate business purposes. Nothing in this Agreement or contained in the APG Services will constitute a promise by APG to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the APG Services constitute a promise that APG will review any or all of the information submitted to it by users of the APG Services.