TERMS OF USE FOR TOTALLYTEAMJACOB.COM

1. Acceptance of Terms

A. By using and/or visiting TotallyTeamJacob.com (thereof, the "TotallyTeamJacob.com Website”, or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Use") and (2) TotallyTeamJacob.com’s privacy policy (the "Privacy Policy"), found at http://www.totallyteamjacob.com/privacy and incorporated here by reference. If you do not agree to any of these Terms of Use or to the Privacy Policy, please do not use the TotallyTeamJacob.com Website.

B. Although we may attempt to notify you when major changes are made to these Terms of Use or to the Privacy Policy, you should periodically review the most up-to-date version (http://www.totallyteamjacob.com/terms or http://www.totallyteamjacob.com/privacy). TotallyTeamJacob.com may, in its sole discretion, modify or revise these Terms of Use and Privacy Policy at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. Website

A. These Terms of Use apply to all users of the TotallyTeamJacob.com Website.

B. The TotallyTeamJacob.com Website may contain links to third-party websites that are not owned or controlled by TotallyTeamJacob.com. TotallyTeamJacob.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, TotallyTeamJacob.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve TotallyTeamJacob.com from any and all liability arising from your use of any third-party website.

3. General Use of the Website

TotallyTeamJacob.com hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

A. You agree not to distribute in any medium any part of the Website without TotallyTeamJacob.com’s prior written authorization.

B. You agree not to alter or modify any part of the Website.

C. You agree not to access TotallyTeamJacob.com Content through any technology or means other than the Website itself.

D. You agree not to use the Website for any commercial use, without the prior written authorization of TotallyTeamJacob.com. Prohibited commercial uses include any of the following actions taken without TotallyTeamJacob.com’s express approval:

  • sale of access to the Website or its related services on another website;
  • use of the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
  • the sale of advertising, on the TotallyTeamJacob.com website or any third-party website, targeted to TotallyTeamJacob.com Content;
  • and any use of the Website or its related services that TotallyTeamJacob.com finds, in its sole discretion, to use TotallyTeamJacob.com’s Content with the effect of competing with or displacing the market for TotallyTeamJacob.com

E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the TotallyTeamJacob.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, TotallyTeamJacob.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. TotallyTeamJacob.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use any communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website.

F. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Use, the Privacy Policy, and all applicable local, national, and international laws and regulations.

G. TotallyTeamJacob.com reserves the right to discontinue any aspect of the TotallyTeamJacob.com Website at any time.

4. Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the TotallyTeamJacob.com Website (the "Content").

A. All publicly recognizable characters, settings, etc. are the intellectual property of their respective owners. No money is being made from this website.

B. The original characters and plot are the property of Stephenie Meyer. No copyright infringement is intended.

C. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. TotallyTeamJacob.com reserves all rights not expressly granted in and to the Website and the Content.

D. You may access TotallyTeamJacob.com Content only as permitted under this Agreement. TotallyTeamJacob.com reserves all rights not expressly granted in and to the TotallyTeamJacob.com Content and the TotallyTeamJacob.com Service.

E. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the TotallyTeamJacob.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the TotallyTeamJacob.com Website or the Content therein.

G. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against such Content that are with respect thereto, and agree to indemnify and hold Content that are, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

5. Copyright Policy

To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:

1. Include a statement telling us that you have found Content on TotallyTeamJacob.com which you believe infringes your copyright (for example, "I hereby confirm that I believe the story identified below infringes my copyright").

2. Tell us which country your copyright applies to.

3. Tell us the title of the content concerned and the full URL for its page.

4. Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire story is a copy of an original work made by you, etc.)

5. Identify the type (e.g. a book, a short story, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, please send us a link.

6. Include your contact information (email address is preferred) so that we can get in touch with you.

7. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.”

8. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

9. Send the notice, in English, to the following address:

Attn: TotallyTeamJacob.com Copyright Infringement Notification

Email: totallyteamjacob@gmail.com

Make sure you know whether the content that you have seen on TotallyTeamJacob.com infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

6. Warranty and Condition Disclaimer

YOU AGREE THAT YOUR USE OF THE TOTALLYTEAMJACOB.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TOTALLYTEAMJACOB.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. TOTALLYTEAMJACOB.COM MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TOTALLYTEAMJACOB.COM WEBSITE. TOTALLYTEAMJACOB.COM EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. TOTALLYTEAMJACOB.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TOTALLYTEAMJACOB.COM WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TOTALLYTEAMJACOB.COM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.

7. Limitation of Liability

IN NO EVENT SHALL TOTALLYTEAMJACOB.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TOTALLYTEAMJACOB.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TOTALLYTEAMJACOB.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE WEBSITE OPERATED BY TOTALLYTEAMJACOB.COM FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. TOTALLYTEAMJACOB.COM MAKES NO REPRESENTATIONS THAT THE TOTALLYTEAMJACOB.COM WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE TOTALLYTEAMJACOB.COM WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

8. Indemnity

You agree to defend, indemnify and hold harmless TotallyTeamJacob.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the TotallyTeamJacob.com Website; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the TotallyTeamJacob.com Website.

9. Ability to Accept Terms of Use

You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You affirm that you are over the age of 13, as the TotallyTeamJacob.com Website is not intended for children under 13.

10. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TotallyTeamJacob.com without restriction.

11. General

You agree that: (i) the TotallyTeamJacob.com Website shall be deemed solely based in Massachusetts; and (ii) the TotallyTeamJacob.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over TotallyTeamJacob.com, either specific or general, in jurisdictions other than Massachusetts. Unless prohibited by local law, these Terms of Use shall be governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Unless  prohibited by local law, any claim or dispute between you and TotallyTeamJacob.com that arises in whole or in part from the TotallyTeamJacob.com Website shall be decided exclusively by a court of competent jurisdiction located in Middlesex County, Massachusetts. These Terms of Use, together with the Privacy Policy at http://www. TotallyTeamJacob.com/privacy and any other legal notices published by TotallyTeamJacob.com on the Website, shall constitute the entire agreement between you and TotallyTeamJacob.com concerning the TotallyTeamJacob.com Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and TotallyTeamJacob.com's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. TotallyTeamJacob.com reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the TotallyTeamJacob.com Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND TOTALLYTEAMJACOB.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TOTALLYTEAMJACOB.COM WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If you have any questions on our Terms of Use, you can contact us at totallyteamjacob@gmail.com.

Last Updated July 18, 2010

About Me

I'm a Twilight fan who believes that Jacob Black is better for Bella than Edward, so I wrote these Team Jacob fanfiction stories to try to convert as many people to my side as possible. :)

I've tried to stay as faithful to the original books as possible up through At the Cliffs, which is when I break off from canon and write out Eclipse the way I wish it had happened!

So ... what do you think? Good? Bad? Ideas for other stories?

Please let me know!

Jane

All publicly recognizable characters, settings, etc. are the intellectual property of their respective owners. No money is being made from this website. The original characters and plot are the property of Stephenie Meyer. No copyright infringement is intended.

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