Passport Junkie
Passport Junkie Terms of Use
By using Passport Junkie services, including servers, databases, directories, network, tools, information,
components, passportjunkie.com, features, functionality, as well as any application, software, component,
program created or made available by Passport Junkie as well as to any software application, tool,
feature, service and website provided by or through Passport Junkie (“Passport Junkie”), that utilizes, is
supported by, influences the functionality and user experience of, or utilizes for its operation, to any
extent, directly or indirectly, any of the above (“Passport Junkie Services”) you agree to these terms and
conditions, and all modifications thereto including all rules that may be published from time to time by
Passport Junkie ("Terms of Service") and the Passport Junkie privacy policy. Each time you use a
Passport Junkie Product, you reaffirm your acceptance of the then-current Terms of Service. If you do not
wish to be bound by these Terms of Service, you may discontinue using Passport Junkie Services. You
cannot use Passport Junkie Services until you have accepted these Terms of Service.
You agree and understand that certain Passport Junkie Services, features and other premium services
offered by or through Passport Junkie (including services from Passport Junkie) may be subject to
additional terms and conditions or registration requirements. You agree to abide by these additional terms
and you further agree that a violation of those terms while you are accessing those products with your
Passport Junkie user ID or through a Passport Junkie Product shall constitute a breach of these Terms of
Service.
Changes to Terms of Service
Passport Junkie may change the Terms of Service at any time and in its sole discretion. The modified
Terms of Service will be effective immediately upon posting on or through the Passport Junkie website
(www.passportjunkie.com) and you agree to the new posted Terms of Service by continuing your use of
Passport Junkie Services. Passport Junkie will provide at least 30-days' notice before any material
changes take effect. If you do not agree with the new/modified Terms of Service, your sole remedy is to
discontinue using Passport Junkie Services and, if applicable, cancel your registration.
Grant of License
Passport Junkie and its vendors grant you a personal, limited, non-exclusive, non-transferable, non-
assignable license to use Passport Junkie services in accordance with these Terms of Service.
Limitation of Use
You may use Passport Junkie Services for lawful purposes only. You may not use Passport Junkie
Products in any manner that (1) violates or infringes in any way upon the rights of others, (2) is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights, or otherwise objectionable, (3)
encourages conduct that would constitute a criminal or other offense, (4) gives rise to civil liability, or (5)
otherwise violates any applicable local, state, federal or international law, ordinance including any
regulations requirements, procedures or policies in force from time to time, or any right of any third party,
including without limitation, any right of privacy or publicity. You also may not undertake any conduct that,
in Passport Junkie's judgment, restricts or inhibits any other user from using or enjoying Passport Junkie
Services.
No Spam
You may not use Passport Junkie Services to send unsolicited bulk communications, including through e-
mail. Any violation of these provisions may result in immediate termination of your account and further
legal action. You agree that Passport Junkie may take any legal and technical remedies to prevent
unsolicited bulk communications.
Advertising
Passport Junkie reserves the right to run advertisements and promotions on the Passport Junkie website.
By accepting the terms of this License, you agree that we have the right to run such advertisements and
promotions without compensation to you. The timing, frequency, placement and extent of advertising by
us within the pages comprising the Passport Junkie website is subject to change and shall be determined
by us at our sole discretion. Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Passport Junkie website, including payment and
delivery of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree that Passport
Junkie is not be responsible or liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on Passport Junkie web site.
Taxes
You are responsible for paying all applicable taxes and other costs, however called, imposed by any
applicable Federal, state or local or foreign government or regulatory authority in connection with your
use of the services, whether such is imposed now or later by the applicable authority, even if such
imposition occurs after the receipt or use by you of the Software or the termination or expiration of the
License. You are responsible for paying all hardware and software costs and providing all equipment and
software necessary to connect to Passport Junkie's web site, servers and network and to use the
Software via the Internet and any royalties or other charges relating to the use of data owned by third
parties.
Restrictions on access
You may access Passport Junkie Services only through the interfaces and protocols provided or
authorized by Passport Junkie. You agree that you will not access Passport Junkie servers and Products
through unauthorized means, such as unlicensed software clients.
Your access
You are responsible for obtaining and maintaining the equipment and connectivity services (e.g.
telephone, cable etc.) necessary to access and use the Passport Junkie Product and for any charges,
telephone or other, associated with connecting to the Internet to use the Product. Such charges may vary
upon your location, access number and may include long distance telephone charges.
Risks
The Passport Junkie service may be vulnerable to various security issues and should not be considered
secure. By using the Passport Junkie services you may be subject to various risks, including, among
others:
-Unauthorized exposure of information
-Unauthorized invasion of your or someone else’s privacy during, or as a result of, your or another's use
of the Service.
-Spoofing, eavesdropping, sniffing, spamming, breaking passwords, harassment, fraud, forgery,
"imposturing", electronic trespassing, tampering, hacking, nuking, system contamination including without
limitation use of viruses, worms and Trojan horses causing unauthorized, damaging or harmful access
and/or retrieval of information and data on your computer and other forms of activity that may even be
unlawful.
If you do not wish to be subjected to these risks you are advised not to use the services
Intellectual Property Rights
As between Passport Junkie and you, Passport Junkie is the sole owner of the Software, Passport Junkie
Products, including without limitation, all applicable U.S. and non-U.S. Copyrights, patents, trademarks,
and trade secrets, and other intellectual property rights thereto. All title and intellectual property rights in
and to the content of any third party web site which may be linked to or viewed in connection with the
Service is the property of the respective content owner and may be protected by applicable Copyright or
other intellectual property laws and treaties. This Agreement grants you no rights to use such content
except as allowed by such third party.
Unsolicited materials
Any unsolicited materials submitted or sent to Passport Junkie will be deemed to be not confidential or
secret. By submitting or sending information or other material to Passport Junkie you:
(a) Warrant that you have all rights of any kind to the material and that to the best of your knowledge no
other party has any rights to the material; and
(b) grant Passport Junkie an unrestricted, perpetual, irrevocable license to use, reproduce, display,
perform, modify, transmit and distribute the material, and you further agree that Passport Junkie is free to
use any ideas, know-how, concepts or techniques you send us for any purpose, without any
compensation to you or any other person.
Changes to service
Passport Junkie has the right at any time to change, modify, add to or discontinue or retire any aspect or
feature of Passport Junkie Services including, but not limited to, the Software, website, server availability,
hours of availability, equipment needed for access or use, the update frequency, or the availability of
Passport Junkie Products on any particular device or communications service. Passport Junkie may
provide different users with different level of service or service features availability, or cease to provide
service to some or all users. Passport Junkie has no obligation to provide you with prior notice of any
such changes.
Disclaimer of Warranty
YOUR USE OF PASSPORT JUNKIE SERVICES IS AT YOUR SOLE RISK. PASSPORT JUNKIE
SERVICES ARE PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH
WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
WITHOUT LIMITATION OF THE FOREGOING, PASSPORT JUNKIE AND ITS VENDORS
SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS,
INTEROPERABILITY, OR CONTENT OF THE SERVICES; AND (ii) ANY WARRANTIES OF TITLE,
WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. PASSPORT JUNKIE AND ITS VENDORS DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN PASSPORT JUNKIE SERVICES WILL MEET YOUR REQUIREMENTS
OR THAT THE OPERATION OF PASSPORT JUNKIE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN PASSPORT JUNKIE SERVICES WILL BE CORRECTED.
PASSPORT JUNKIE AND ITS VENDORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF PASSPORT JUNKIE SERVICES OR
RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR
OTHERWISE. PASSPORT JUNKIE PROVIDES PASSPORT JUNKIE SERVICES ON A
COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT USERS WILL BE ABLE
TO ACCESS OR USE PASSPORT JUNKIE SERVICES AT TIMES OR LOCATIONS OF THEIR
CHOOSING, OR THAT PASSPORT JUNKIE WILL HAVE ADEQUATE CAPACITY FOR PASSPORT
JUNKIE SERVICES AS A WHOLE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE
SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY 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 RECORD, WHETHER FOR
BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
PASSPORT JUNKIE DOES NOT WARRANT OR GUARANTEE THAT ALL VERSIONS SHALL BE
PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND
THE ABILITY TO USE THE SERVICE. PASSPORT JUNKIE DOES NOT WARRANT OR GUARANTEE
(1) THAT ANY PROGRAM OR PORTION OF THE SERVICE WILL BE FREE OF INFECTION BY
VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR
DESTRUCTIVE PROPERTIES; OR (2) THAT THE FUNCTIONS OR SERVICES PERFORMED BY
PASSPORT JUNKIE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE
INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO
ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SERVICE OR
OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR
SYSTEM.
No Liability
IN NO EVENT WILL PASSPORT JUNKIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS,
AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT,
DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR DATA, LOSS OF GOODWILL, OR INFORMATION, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES
OR LOSSES AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE
AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE PASSPORT JUNKIE SERVICES, EVEN
IF PASSPORT JUNKIE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE;
OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN,
OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED
AS PART OF THE SERVICE OR BY THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, PASSPORT JUNKIE'S LIABILITY
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. PASSPORT JUNKIE'S ENTIRE LIABILITY
AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH PASSPORT JUNKIE
(INCLUDING WITHOUT LIMITATION YOUR USE OF PASSPORT JUNKIE SERVICE) IS TO
DISCONTINUE YOUR USE OF PASSPORT JUNKIE SERVICES. PASSPORT JUNKIE DOES NOT
ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH
PASSPORT JUNKIE PRODUCT PRODUCTS AND 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
Applicable Law
This License as well as all disputes arising out of or in connection with this License shall be governed by
the laws of the State of Delaware, United States without regard to conflict of law principles. Any dispute
arising out of or in connection with this License, or in future agreements resulting there from, shall be
exclusively resolved before the competent court in the State of Delaware.
International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding on-line
conduct and privacy. Specifically, you agree to comply with all applicable laws regarding privacy and
privacy invasion which apply in the country in which you reside.
No Support by Passport Junkie
You understand that your use of the Services is at your own risk and that Passport Junkie does not
commit to provide any assistance other than the information posted on the Passport Junkie Web site
located at www.passportjunkie.com. Passport Junkie is under no obligation to provide you with any error
corrections, updates, upgrades, bug fixes and/or enhancements of the Service
Indemnification
You agree to defend, indemnify and hold harmless Passport Junkie, its vendors, and their respective
directors, officers, employees and agents from and against all claims and expenses, including attorneys'
fees, arising out of your use of Passport Junkie Services. Passport Junkie reserves the right, at its own
expense and in its sole discretion, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you. In that event, and only in such event, shall you have no further
obligation to provide indemnification for Passport Junkie in that matter.
Termination
Passport Junkie has the right to terminate your access to Passport Junkie Services for any reason,
including, without limitation, if it, in its sole discretion, considers your use to be unacceptable, or in the
event of any breach by you of the Terms of Service (either directly or through breach of any other terms
and conditions or operating rules applicable to you). Passport Junkie may, but shall be under no
obligation to, provide you a warning prior to termination of your use of Passport Junkie Services.
3rd party sites and services
Third parties may offer from time to time applications or services to access Passport Junkie Services.
Your use of such third-party applications will be at your own risk and subject to the terms and conditions
of those third-parties. Passport Junkie does not represent and warrant that access and use of Passport
Junkie Services through these third-party applications will be compatible, uninterrupted, error free, without
defects or that you will be able to access Passport Junkie Services at all times and locations of your
choosing. You also agree that Passport Junkie is under no obligation to provide you with any error
corrections, updates, upgrade, fixes and/or enhancements to make Passport Junkie Services accessible
through these third-party applications.
The Passport Junkie service may provide, or third parties may provide, links to World Wide Web sites or
other Internet resources. Any third-party sites to which Passport Junkie Services may link are not under
control of Passport Junkie. Passport Junkie does not have any responsibility or liability for any
information, data, communications, materials or other content available on such third-party sites or any
changes or updates to such sites. Passport Junkie is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by Passport Junkie of the site
Export control
You agree to comply with all export and import laws and restrictions and regulations of the United States
or any foreign agency or authority, and not to export, re-export or import the Software or any direct
product thereof in violation of any such restrictions, laws or regulations, or without all necessary
approvals. For example, you may not export or re-export any commodities, software, or technical data
received from Passport Junkie, or any direct product of such commodities, software or technical data, to
any proscribed country, party, or entity listed in the applicable laws, regulations, and rules of the U.S.
Government unless properly authorized. As applicable, each party shall obtain and bear all expenses and
responsibility relating to any necessary licenses and/or exemptions with respect to its own export or re-
export of the Software from the U.S.
Electronic Delivery Policy
Passport Junkie, as an online business, transacts with its users electronically. WHEN YOU SIGN UP
FOR ANY PASSPORT JUNKIE PRODUCT, YOU CONSENT TO RECEIVE ELECTRONICALLY FROM
PASSPORT JUNKIE ANY PRIVACY OR OTHER NOTICES, AGREEMENTS, DISCLOSURES,
REPORTS, DOCUMENTS, COMMUNICATIONS, OR OTHER RECORDS (COLLECTIVELY,
"NOTICES"). You agree that Passport Junkie generally can send you electronic Notices in either or both
of the following ways: (1) to the e-mail address that you provided to Passport Junkie during registration or
(2) on a welcoming screen or top page of the relevant Passport Junkie Product. The delivery of any
Notice from Passport Junkie is effective when sent by Passport Junkie, regardless of whether you read
the Notice when you receive it or whether you actually receive the delivery. Your only method of
withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other
products provided under these Terms of Service.
Trademarks
The Passport Junkie name, logo, and other Passport Junkie related properties are trademarks of
Passport Junkie. All other trademarks appearing on Passport Junkie services are trademarks of their
respective owners.
Entire Agreement
This License constitutes the entire understanding between Passport Junkie and you with respect to the
subject matter hereof. There are no understandings, agreements, conditions or representations, oral or
written, express or implied, with reference to the subject matter hereof that are not merged herein,
expressly referenced herein, or superseded hereby.
No Waiver
The failure or delay of Passport Junkie to exercise or enforce any rights or provision of the License does
not constitute a waiver of such right or provision.
Survival
All provisions which must survive in order to give effect to their meaning, shall survive any expiration or
termination of this License, including without limitation all of your representations, warranties and
indemnification obligations.
Provisions unenforceable or invalid
Should any part of this License be held invalid by any court or tribunal, such invalidity shall not affect the
validity of any remaining part, which will remain in full force and effect as if this License had been
executed without that part having been held to be invalid.
Assignment
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or
obligations under this agreement. Passport Junkie may transfer, assign, sublicense or pledge in any
manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate,
successor thereof or to any third party whatsoever, without notifying you or receiving your consent.