Terms and Conditions

  1. This Site is for Amusement Purposes.
    1. You understand and accept that Our Site and Services is an entertainment and recreational service.
    2. You acknowledge that you are at least 18 years of age or 21 years of age if this is the requirement of the state you reside in.
  1. Any User accessing Our Site in an effort to engage in or facilitate illegal or tortious activities shall have their Membership and/or access to the Site and the Services subject to immediate cancellation, and may be reported to the appropriate law enforcement agency.
  2. You understand and accept that if You attempt to contact other Members on the Site, all activities or interaction resulting therefrom is solely on Your own volition.  You understand and accept that no communications done on the Site between You and other Members is private.  You hereby specifically release Us and all other Members from any liability for invasion of privacy, defamation, publicity, false light, and related torts, in the event that Your communications or profile are made public.  Nothing contained in this section is intended to limit the scope of releases and/or indemnification contained elsewhere in this Agreement.
  1. We do not endorse, confirm, support, verify or validate the accuracy or the reliability of any of the information posted by Members on this Site. This includes but is not limited to all text, images and profile data.  We conduct no background check or criminal history evaluation of Our Members before or after they register as a Member of Our Site.  You are encouraged to thoroughly inspect the credentials and background of any person You have contact or communicate with via Our Site or Services.
  2. You explicitly, expressly, and totally understand and agree that We assume no liability or responsibility, financial, or otherwise for the truthfulness, accuracy, intent, motives, or behavior of anyone on this Site or any of its affiliate sites. You have contact or communicate with Members on this Site, and on any affiliate sites if applicable, at Your own risk.  People use the Internet for various motives and intentions. It is Your responsibility and solely Your responsibility to verify the accuracy, truthfulness, good intentions, and motives of anyone that You have contact or communicate with as a result of Your activities on this Site.  We are not responsible and are not liable for any aspect, legal or otherwise, of any conversations, contact, or other information exchanged between Members online or offline.
  1. When interacting with Members of this Site, USE COMMON SENSE!  Do not provide any personal information to individuals who can misuse that information to Your detriment.  While the Site and Services may provide a venue for the exchange of information, ideas, they do not act as a guarantor of the accuracy of such information or activity, and all Users/Members are encouraged to approach the veracity of any communications or contact occurring as a result of the Site and Services with a healthy skepticism.
  2. Fraud and Scam Warning: The Site has no way of determining the validity of any communication that is transmitted via the Site or Services, or the validity of the person behind such communications.  You expressly understand and agree that if any other Member that You are in communication with as a result of Your activities on the Site requests money from You for travel assistance, medical assistance, subsistence or for any other reason, it is almost certainly a scam or a fraudulent scheme and You are at a very high risk of being defrauded..
  1. You hereby discharge, acquit, and otherwise release Company(The Average Jim), its parent company(Jim Minics), its agents, employees, officers, directors, shareholders, attorneys, and affiliates, from any and all allegations, counts, charges, debts, causes of action, and claims relating in any way to the use of, or activities relating to the use of the Site and Services including, but not limited to claims relating to the following:
    1. Accomplice liability, conspiracy, aiding and abetting, sexual harassment, negligence, gross negligence, reckless conduct, alienation of affections (to the extent recognized in any jurisdiction), intentional infliction of emotional distress, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, intellectual property, misrepresentation, any financial loss not due to the fault of the Site, missed meetings, unmet expectations, false identities, fraudulent acts by others, invasion of privacy, release of personal information, failed transactions, purchases or functionality of the Site, unavailability of the Site, its functions and/or services and any other technical failure that may result in inaccessibility to the Site, or any claim based on Vicarious Liability for Torts committed by individuals met on or through the Site and Services, including but not limited to fraud, theft or misuse of personal information, assault, battery, stalking, rape, theft, cheating, perjury, manslaughter, or murder.
  1. The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by You.  This release is intended by the parties to be interpreted broadly in favor of Us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims.   This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
  2. LIMITATION OF LIABILITY:
  1. In no event shall We (or Our licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, loss of information, business interruption, revenue, or goodwill, which may arise from any person’s use, misuse, or inability to use the Site, Services, or any of the materials contained therein, even if We have been advised of the probability of such damages. This is for any matter arising out of or relating to this Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if We have been advised of the possibility of such damages.
  2. In no event shall Our maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by You for use of the Site or Services for a period of no more than one (1) month from the accrual of the applicable cause or causes of action or ten dollars ($10.00), whichever is greater.  Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.
  1. LINKS AND LINKING:
    1. Some websites which are linked to or from the Site are owned and operated by third parties. Because We have no control over such websites and resources, You acknowledge and agree that We are not responsible or liable for the availability of such external websites or resources, and do not screen or endorse them, and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
  1. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource.  If You decide to access any such third party website, You do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein.
  2. You further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Agreement or Our Privacy Policy, which is incorporated into this Agreement by reference.
  1. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not necessarily constitute an endorsement by Us of such websites or the content, products, advertising, or other materials presented on such Site, but are for Your convenience.
  2. You hereby agree to hold Us harmless from any and all damages and liability that may result from the use of links that may appear on the Site or via the Services. We reserve the right to terminate any link or linking program at anytime.
  1. TRADEMARK INFORMATION:
    1. The name of the Site is considered a service mark owned by Us.  We aggressively defend Our intellectual property rights.  The Average Jim, is in the process of becoming a registered trademarks owned and/or licensed by Jim Minics.
  1. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
  2. None of the marks, logos, domains, and trademarks that You find on the Site and Services may not be used publicly except with express written permission from Us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Us.
  1. COPYRIGHT INFORMATION:
    1. The Materials accessible from the Site, Services, and any other web site owned, operated, licensed, or controlled by Us are Our proprietary information and valuable intellectual property and We retain all right, title, and interest in the Materials.
  1. The Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without Our prior written consent, except that You may print out a copy of the Materials solely for Your personal use.  In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. 
  2. Modification or use of the Materials except as expressly provided in this Agreement violates Our intellectual property rights. 
  1. Neither title nor intellectual property rights are transferred to You by access to the Site and Services.
  2. All Materials included on the Site, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of Company or its content suppliers and is protected by United States and international copyright laws. The compilation of all Materials on the Site is the exclusive property of Company or its content suppliers and protected by United States and international copyright laws, as well as other laws and regulations.
  1. COPYRIGHT INFRINGEMENT NOTIFICATION PROCEDURES
    1. We respect the intellectual property of others, and We have adopted the following Notice and Takedown Policy relating to claims of copyright infringement regarding content found on Our Site.
  1. Notice of Claimed Infringement:  If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide Our designated copyright infringement counsel (identified below) with the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  1. description of the copyrighted work or other intellectual property that You claim has been infringed;
  2. a description of where the material that You claim is infringing is located on the Site (preferably including specific url’s associated with the material);
  1. Your address, telephone number, and email address;
  2. 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; and
  1. a statement by You, made under penalty of perjury, that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Privacy Agreement
 
  • General

    • The operative parties referred to in this policy are COMPANY and you, the user of these sites.
1. The Average Jim, is the publisher and operator of the following websites:
      1. Hereinafter The Average Jim or Jim Minics, shall be referred to as “COMPANY”. When first-person pronouns are used in this Policy, (us, we, our, ours, etc.) these provisions are referring to The Average Jim, Jim Minics or The Archives., d/b/a any one of the above sites, or as any other site that we may choose to publish in the future. Additionally, when the terms “The SITES” or “SITES” are used, these terms refer to any site published by us, unless a site is specifically exempt from this policy.
      2. You, the User – As the user of these sites, this policy will refer to the user as “you” or through any second-person pronouns, such as “yours,” etc. Hereinafter, the user of the sites shall be referred to in applicable second-person pronouns.
    • This Privacy Policy describes how we use information received about you when you visit our SITES or when you subscribe to, or otherwise use our online services. This Policy does not cover any information that we may receive from or about you through channels other than through the use of the SITES.
  • Revisions to this Policy

    We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Policy by re-visiting this web page and using the “refresh” button on your browser. You should note the date of last revision to this Policy, which appears at the top of this Policy. If the “last modified” date remains unchanged after you have clicked the “refresh” button on your browser, you may presume that no changes have been made since the last reading of the policy. A changed “last modified” dates indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
  • Personal information that we collect

    Visitors to our sites and services will have multiple manners of interactivity with us. Depending upon your level of interaction, we will collect different information about you. The type of information collected is as follows:
    • Members – Members are those users who subscribe to our services will be prompted to provide their name, their address, their age, their phone number, their e-mail address, and any other necessary billing information.
    • Browsers – Browsers are visitors to the sites who never enter into any active data collection pages. Any information gathered from Browsers is also gathered from Members. This information is restricted to cookies, IP Addresses and Referral URLs, and other passive information gathering devises (explained below).
  • How we collect information from you

    Active Collection – we collect information from you when you complete registration forms to sign up for your membership on our Sites. Locations for such collection are on clearly marked registration pages. Such pages will ask for active entry of information, and such pages will not be disguised. We reserve the right to add additional information collection portals at any time, but will never create information collection portals that are not clearly disclosed to the user.
  • How we use your information

    The primary use for your information is to provide you with services you have requested and/or paid for. We do not provide your information to any third parties, additionally, we do not use your information for statistical purposes. We do intend to and reserve the right to use any and all of your information in order to contact existing users and previous users. Such uses may include e-mails to prior customers inviting them to return to the site and to re-establish a business relationship with us. We will also use your information to e-mail customers for help with support issues, including anticipating support issues that existing customers or past customers my encounter. We will have an opt out or a “do not contact” process. You may contact us at studio@jimminics.com in order to opt out of any and all e-mail communications with you. We generally will use your information for the purposes for which you specifically provide it, for example, to ensure payment for subscription services.
  • Special Cases.

    It is our policy not to use or share the personal information about Visitors or Members in ways unrelated to those described in this Policy without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, we may disclose personal information about Visitors or Members, or information regarding your use of the Services or Websites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including:
    1. To satisfy any laws, such as the Electronic Communications Privacy Act, regulations, or governmental, or legal requests for such information;
    2. To disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
    3. To operate our Services properly;
    4. To protect ourselves, our Members, and the general public. We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders or, writs.
    5. We will always cooperate with law enforcement authorities seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
    6. In the event of a civil suit, we will resist the production of any information required. Nevertheless, if we are ordered to provide such information by a judge, we will not appeal such a decision unless there is (in our sole discretion) a compelling reason to do so. Compelling reasons shall only include reasons that are reasonably calculated to benefit us.
    7. We will not provide any information to reporters or journalists, nor anyone else unless we are served with a lawful court order requiring us to provide such information to a third party.
  • Transmittals from Us

    We may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by contacting studio@jimminics.com or by clicking the opt-out link at the bottom of these emails. If you opt out of these marketing emails, you may still receive system notices and other information that is specifically related to your account.
    If you provide your information to us, use the Sites, or subscribe to any of our services, you will have created a commercial relationship with us. In having done so, you understand that even unsolicited commercial email sent from us or our affiliates is not SPAM as that term is defined under the law.
  • Public Forums, Member Directories, and Internal Messaging:

    • Our sites make chat rooms, message boards, forums, and/or newsgroups available to its users. You will not be required to provide personal information in order to use these services, however, please remember that any information you may disclose in our Member Directory, or other public areas of our Websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. We specifically disclaim any liability for use, misuse, or consequences of any information that you may voluntarily choose to post in any public areas.
    • Member Directories – Any information provided in a user profile, member directory, or other related service should be considered to be public information. We do not, cannot, and will not act to maintain the privacy of any information that you provide in any such forum or medium.
    • Internal Messaging – We provide an internal messaging system for use between members of our Sites. Any information that you send via this internal messaging system is not secure, and is not considered to be private information. You should use caution when sending any personal information over the internal messaging system, and you should not transmit any information that you would not wish to see disclosed to the general public.
  • Our Commitment to Data Security.

    We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make every effort to ensure the integrity and security of our network and systems. Nevertheless, we cannot guarantee that our security measures will prevent third-party ‘hackers’ from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.
  • How to Access or Modify Your Information.

    We offer our Members the opportunity to access or modify information provided during registration. To access or modify such information, contact our Customer Service Department at studio@jimminics.com
  • Where to Direct Questions About Our Privacy Policy.

    If you have any questions about this Privacy Policy or the practices described herein, you may contact us at studio@jimminics.com