1. ACCEPTANCE OF TERMS

By using this website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the site.

Job Data Services/JDS Communications (hereafter referred to in this document as "JDS Communications or JDS") provides the information and services on this website to you (through our duly licensed and registered companies: JDS, Job and Careers Center, four job pulications, San Francisco Global Music Network Radio, Jazz Roots Rhythms, Bopnicity and Be Bop Music Source), the user, conditioned upon your acceptance, without modification, of the terms and conditions contained herein. Your use of this website constitutes your agreement with such terms and conditions.

We reserve the right, at our discretion, to change, modify, add or remove portions of these terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website. Your continued use of JDS Communications website following the posting of changes to these terms and conditions will mean that you accept those changes.

In addition, each user's use of particular Services may be subject to specific guidelines or rules ("Service-specific Rule") posted from time to time and incorporated by this reference into the Terms and Conditions of Use.

Use of JDS Communications and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use JDS Communications or any of its Services, as defined herein, and should refrain from accessing JDS Communications and its Services.

To update the Terms or any Service-specific Rules, we will both post the changed version and its effective date at http://jdscomm.com. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the rules.

JDS Communications reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, JDS Communications or any Service thereon (or any part thereof). JDS shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.

2. NO UNLAWFUL OR PROHIBITED USE

By using the JDS Communications website, you warrant to JDS Communications that you will not use this website, or any of the content obtained from this website, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the JDS Communications website automatically terminates.

3. DESCRIPTION OF SERVICE; NO WEB ACCESS

JDS Communications website owns and operates Jobs and Careers Center, Jobs and Careers directories, San Francisco Global Music Network, Be Bop Music Source, and Jazz Roots Rhythms for the purpose of providing career services, career publications, and creative entertainment.

4. REGISTRATION OBLIGATIONS

If required by JDS Communications, each user must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.

When a user receives a password and account designation upon completing the Service's registration process he or she is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. JDS Communications cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify JDS Communications of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.

JDS Communications handles user Registration Data in accordance with the JDS Communications Privacy Policy Statement accessible at http://www.jdscomm.com/privacy_02.html.

5. CONTENT

All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not JDS Communications, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via JDS Communications or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on JDS Communications and/or any Service which, in the judgment of JDS Communications, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.

JDS Communications reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, JDS Communications shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the Terms or be otherwise illegal. JDS Communications, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of JDS Communications, its users and the public. JDS Communications does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will JDS Communications be liable in any way for any Content, including, but not limited to, liability 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, emailed or otherwise transmitted via JDS Communications or any Service thereon.

Each user, by using JDS Communications or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

6. NO RESALE OF SERVICE

You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.

7 GENERAL PRACTICES REGARDING USE AND STORAGE

JDS Communications may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While JDS Communications will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, JDS Communications has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service.

JDS Communications reserves the right to change these general practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.

8. TERMINATION

We may terminate a user's account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1.) violation of these Terms; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.

JDS Communications' termination of any user's access to JDS Communications or any Service here under may be effected without notice and, on such termination, JDS Communications may immediately deactivate or delete user's account and/or bar any further access to such files, that Service or JDS Communications. JDS Communications shall not be liable to any user or other third party for any termination of that user's access or account here under.

9. LINKS

JDS Communications, any Service or a third party may provide links to other websites. JDS Communications exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. JDS Communications shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own discretion.

This website's privacy statement is applicable only when you are on our website. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.

10. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Each user shall indemnify, defend and hold harmless JDS Communications, its subsidiaries and affiliates and their respective officers, employees and agents, and each of JDS' website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of JDS Communications; his or her submission, posting or transmission of Content or his or her violation of the Terms.

EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND JDS COMMUNICATIONS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. JDS EXPRESSLY DISCLAIMS 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. SPECIFICALLY, JDS COMMUNICATIONS MAKES NO WARRANTY THAT (i) JDS COMMUNICATIONS OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF JDS COMMUNICATIONS' GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, JDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JDS COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES;UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO JDS COMMUNICATIONS OR ANY SERVICE. IN NO EVENT SHALL JDS' TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN JDS COMMUNICATIONS' USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, JDS DOES NOT AND CANNOT CONTROL THE ACTIONS OF JDS COMMUNICATIONS' USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO JDS COMMUNICATIONS OR ANY SERVICES.

OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY JDS COMMUNICATIONS.

11. TRADEMARK INFORMATION

JDS Communications, the JDS Communications logo and other JDS Communications trademarks, service marks, and product and service names are trademarks JDS Communications. All other names and designs may be trademarks of their respective owners. Users may display or use the JDS Communications Marks only in accordance with JDS Communications' Trademark Use Guidelines.

12. COPYRIGHTS

JDS Communications respects the intellectual property rights of others, and requires that the people who use the JDS Communications website do the same. It is our policy to respond promptly to claims of intellectual property misuse.

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:

1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

2 . Identification of the copyrighted work that you claim has been infringed;

3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit JDS Communications to locate the material;

4. Your name, address, telephone number, and email address;

5. 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;

6. A statement, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

If JDS Communications receives such a claim, JDS Communications reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a user's account in accordance with Section 9.

13. GENERAL INFORMATION

The Terms constitute the entire agreement between each user and JDS Communications and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and JDS Communications shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Solano, California. If any provision of the Terms 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 the Terms remain in full force and effect.

14. VIOLATIONS OF TERMS

Please report any violations of the Terms to the JDS Communications Support Manager at support@jdscomm.com.