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JAMOJA TERMS OF SERVICE
Our Terms of Use
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1. Copyright, Licenses and Idea Submissions.
Domestic and International copyright and trademark laws protect the entire
contents of the Site. The owners of the intellectual property, copyrights
and trademarks are Jamoja.com, its affiliates and subsidiaries or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD,
POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
Subject to more specific terms on individual Jamoja.com
web sites, you may print and download portions of material from the different
areas of the Site solely for your own non-commercial use provided that
you agree not to change or delete any copyright or proprietary notices
from the materials (certain areas require paid license fee prior to downloading
any material). You agree to grant to Jamoja.com a non-exclusive, royalty-free,
worldwide, sub licensable, perpetual license, with the right to sub-license,
to reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Jamoja.com by all means
and in any media now known or hereafter developed. You also grant to Jamoja.com
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising, marketing
and promotional material related thereto. You agree that you shall have
no recourse against Jamoja.com for any alleged or actual infringement
or misappropriation of any proprietary right in your communications to
Jamoja.com.
If you believe that content appearing on the Site constitutes
copyright i nfringement of another party's rights, please contact:
Jamoja, Inc.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by Jamoja.com, Jamoja.com does not operate,
control or endorse any information, products or services on the Internet
in any way. Except for Jamoja.com identified information, products or services,
all information, products and services offered through the Site or on the
Internet generally are offered by third parties that are not affiliated
with Jamoja.com. You also understand that Jamoja.com cannot and does not
guarantee or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Site for the reconstruction of any lost data.
Jamoja.com offers a search feature within the Site. Jamoja.com
explicitly disclaims any responsibility for the content or availability
of information contained in our search index or directory. Jamoja.com
also disclaims any responsibility for the completeness or accuracy of
any directory or search result.
In connection with your use of the Site, you agree you will
not:
a) Transmit any message, information, data, text,
software or images, or other content ("Material") that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or otherwise objectionable that may invade another's
right of privacy or publicity;
b) Impersonate any person or entity, including but
not limited to, a Jamoja.com official, forum leader, guide or host or
falsely state or otherwise misrepresent your affiliation with a person
or entity;
c) Post or transmit any Material that you do not
have a right to reproduce, display or transmit under any law or under
contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a
virus or corrupted data;
e) Delete any author attributions, legal notices
or proprietary designations or labels that you upload to any communication
feature;
f) Use the Site's communication features in a manner
that adversely affects the availability of its resources to other users
(e.g., excessive shouting, use of all caps, or flooding continuous posting
of repetitive text);
g) Post or transmit any unsolicited advertising,
promotional materials, "junk mail", "spam," "chain
letters," "pyramid schemes" or any other form of solicitation
or any non-resume information such as opinions or notices, commercial
or otherwise;
h) Violate any applicable local, state, national
or international law;
i) Upload or transmit any Material that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
of any party;
j) Delete or revise any Material posted by any other
person or entity;
k) Manipulate or otherwise display the Site by using
framing or similar navigational technology, or
l) Register, subscribe, attempt to register, attempt
to subscribe, unsubscribe, or attempt to unsubscribe, any party for any
Jamoja.com product or service if you are not expressly authorized by such
party to do so.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF
THE SITE AND THE INTERNET. Jamoja.com PROVIDES THE SITE AND RELATED INFORMATION
"AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEM ENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND Jamoja.com SHALL NOT BE LIABLE FOR ANY
COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER
INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME
OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS
SUCH MATERIALS AT YOUR RISK. Jamoja.com HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL Jamoja.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY
INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM
THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Jamoja.com
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, Jamoja.com'S LIABILITY IS LIMITED
TO THE GREATEST EXTENT PERMITTED BY LAW
3. Equipment.
You shall be responsible for obtaining and maintaining all telephone, computer
hardware and other equipment needed for access to and use of the Site and
all charges related thereto.
4. Indemnification and Reservation of Rights.
You agree to indemnify, defend and hold harmless Jamoja.com, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to the Site from and against all losses, expenses, damages and
costs, including attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or your use and access
of the Site.
Jamoja.com reserves the right to release current or past
member or Web site user information if Jamoja.com believes that a member's
account is being used to commit unlawful acts, if the information is subpoenaed
and/or if Jamoja.com deems it necessary and/or appropriate.
5. Third Party Rights.
The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification)
are for the benefit of Jamoja.com and its officers, directors, employees,
agents, licensors, suppliers, and any third party information providers
to the Site. Each of these individuals or entities shall have the right
to assert and enforce those provisions directly against you on its own behalf.
6.Term; Termination.
Either party without notice may terminate this Agreement at any time for
any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights)
and 11 (Miscellaneous) shall survive any termination of this Agreement.
7. Special Terms for International Use.
Recognizing the global nature of the Internet, you agree to comply with
all local rules including, without limitation, rules about the Internet,
data, e-mail, or privacy. Specifically, you agree to comply with all applicable
laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
8. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party
found on or through the Site, regarding the 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 third party.
You agree that Jamoja.com shall not be responsible or liable for any loss,
damage or other matters of any sort incurred as the result of any such dealings.
9. Links.
The Site may provide, or third parties may provide, links to non-Jamoja.com
Internet World Wide Web sites or resources. Because Jamoja.com has no control
over such sites and resources, you acknowledge and agree that Jamoja.com
is not responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources.
You further acknowledge and agree that Jamoja.com 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 content,
goods or services available on or through any such site or resource.
10. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of the State of Florida, United States applicable to agreements made
and to be performed in the State of Florida, United States. You agree that
any legal action or proceeding between Jamoja.com and you for any purpose
concerning this Agreement or the parties' obligations hereunder shall be
brought exclusively in a federal or state court of competent jurisdiction
sitting in the County of Volusia, State of Florida, United States.
Any cause of action or claim you may have with respect to
the Site must be commenced within one (1) year after the claim or cause
of action arises or s uch claim or cause of action is barred. Jamoja.com's
failure to insist upon or enforce strict performance of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision of this Agreement. Jamoja.com
may assign its rights and duties under this Agreement to any party at
any time without notice to you.
Any rights not expressly granted herein are reserved.
Some of the information on this Web site may contain projections
or other forward-looking statements regarding future events or the future
performance of Jamoja.com. We wish to caution you that these statements
are only predictions and that the actual events or results may differ
materially. Important factors may cause the actual results to differ materially
from those contained in our projections or forward-looking statements.
They include, among others, potential fluctuations in quarterly results,
retention and dependence on personnel; dependence on Internet advertising
and a limited number of advertisers, rapid technological and market change,
competition, risks associated with Internet infrastructure, limited protection
of intellectual property, and future growth subject to risks.
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