Welcome! By using the video and audio content services available on JohnQ.com or JohnQAfterHours.com, by registering to receive services through JohnQ.com or JohnQAfterHours.com, or by purchasing content and/or services through JohnQ.com or JohnQAfterHours.com (collectively "JohnQ Services"), you hereby agree to be bound by the following terms and conditions of use ("Terms of Service")
The audio and video content presented in association with the JohnQ Services, and the third party websites linked to in association with such video and audio content, are developed by entities over which JohnQ exercises no control. These sites may include content that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a JohnQ Services will not link to objectionable content and assume no responsibility for the content provided by such entities.
If you access any adult or mature content using the JohnQ Services, you represent and warrant that you (i) are at least 18 years of age (21 years of age in AL, MS, NE, WY, and any other location where the age of majority is greater than 18); (ii) are interested in accessing and viewing sexually oriented content; (iii) will not expose the content to a minor or any person who may find the content offensive; (iv) are familiar with the standards in your community regarding sexually oriented materials; (v) believe that the content on this site appeals to the healthy and normal human interests and standards in your community; and (vi) understand and accept that you may be exposed to visual images and sounds that graphically depict nudity and sexual activity, or are otherwise sexual and erotic in nature.
JohnQ may issue you (or you may create) a username and/or password to access certain portions of the JohnQ Services. You shall hold and secure any such username or password as strictly confidential. Accordingly, you shall not allow friends, family, business associates or other persons access to or use of such username or password. You shall not post the username or password on any website. JohnQ shall not be responsible whatsoever in the event that your username and/or password are misappropriated by a third party.
When you register for any JohnQ Service, you will automatically receive email communications from JohnQ related to such service. To stop receiving a particular type of email communication from JohnQ, please click the 'Unsubscribe' link at the bottom of any such email communication received from JohnQ.
The JohnQ Services are made available for your personal, non-commercial use only. You may not use JohnQ Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the content results from a JohnQ search and reformat and display them, or mirror the JohnQ.com home page or any other pages on your Web site. You may not "meta-search" JohnQ. If you want to make commercial use of the JohnQ Services, you must enter into an agreement with JohnQ to do so in advance. Please contact us for more information.
We may modify or terminate any of the JohnQ Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
JohnQ disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in association with the John Q Services. JohnQ disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. JohnQ disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the JohnQ Services.
THE JOHNQ SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE JOHNQ SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. JOHNQ AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JOHNQ AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE JOHNQ SERVICES. JOHNQ AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE JOHNQ SERVICES. JOHNQ AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOHNQ SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE JOHNQ SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE JOHNQ SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE JOHNQ SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL JOHNQ OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE JOHNQ SERVICES. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF JOHNQ OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE JOHNQ SERVICES, FROM INABILITY TO USE THE JOHNQ SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE JOHNQ SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOHNQ SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE JOHNQ SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE JOHNQ SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE JOHNQ SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE JOHNQ SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE JOHNQ SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall JohnQ or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
JohnQ may store web pages, video content files and audio content files in its cache to retrieve for users as a back-up in case the originating server temporarily fails. Content owners may request removal of their cached content. JohnQ evaluates such requests for the immediate removal of cached content on a case-by-case basis and does not guarantee that every request will be granted.
These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by JohnQ.