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Terms and Conditions |
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Jamura.com Terms of Service
Welcome to Jamura.com, an online avatar creation service, operated by CommerceCubed Ltd. By using the Jamura.com online avatar creation service (the "Jamura.com service"), you accept and agree to be bound by the following terms and conditions (called the "Terms of Service"). Nothing in these Terms of Service should be construed to confer any rights to third party beneficiaries.
Changes to Jamura.com and terms and conditions
We reserve the right to modify or terminate the Jamura.com service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility and registration
You must be 18 years or older to use the Jamura.com service. By registering for the Jamura.com service, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these Terms of Service.
You must provide true, accurate and complete registration information to be an Jamura.com member ("Member"). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
Appropriate conduct and content; personal use only
The Jamura.com service is made available for your personal, non-commercial use only. Businesses, organizations or other legal entities may not use the Jamura.com service for any purpose.
You may not use the Jamura.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post, and display on the Jamura.com service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Other examples of illegal or unauthorized uses include, but are not limited to:
modifying, adapting, translating, or reverse engineering any portion of the Jamura.com service;
removing any copyright, trademark or other proprietary rights notices contained in or on the Jamura.com service;
using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Jamura.com service;
collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
reformatting or framing any portion of the web pages that are part of the Jamura.com service;
creating user accounts by automated means or under false or fraudulent pretenses;
creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Member's enjoyment of the service;
submitting Materials of any third party without such third party's prior written consent;
directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by Jamura.com;
submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
submitting Materials that are unlawful or promote or encourage illegal activity; or
submitting false or misleading information.
While Jamura.com prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the Jamura.com service at your own risk.
Jamura.com's proprietary rights
By submitting, posting or displaying any Materials on or through the Jamura.com service, you automatically grant to us a worldwide, non-exclusive, sublicenseable, transferable, royalty-free, perpetual, irrevocable right to copy, distribute, create derivative works of, publicly perform and display such Materials. That said, our use of your personal information is governed by our Privacy Policy and we will never rent, sell or share your personal information with any third party for marketing purposes without your express permission.
Jamura.com and its affiliates and licensors own and retain all rights in the Jamura.com Web site and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Jamura.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Jamura.com's proprietary information. "Jamura" and "Jamura.com" are trademarks of Jamura.com .
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
Privacy policy
Our collection and use of personal information is governed by our Privacy Policy. You understand and agree that Jamura.com may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of Jamura.com, its affiliates or the public.
Disclaimer of warranties
Jamura.com and its affiliates, licensors, partners, suppliers, consultants and agents ("Jamura") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed on the Jamura.com service. Jamura disclaims any and all responsibility and liability for the conduct of any Member.
THE JAMURA.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE JAMURA.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. JAMURA EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE JAMURA.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold harmless and indemnity
You agree to hold harmless and indemnify Jamura from and against any third party claim arising from or in any way related to your use of the Jamura.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Jamura will provide you with written notice of such claim, suit or action.
Limitation of liability
UNDER NO CIRCUMSTANCES WILL JAMURA BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE JAMURA.COM SERVICE, WHETHER OR NOT JAMURA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE JAMURA.COM SERVICE, FROM INABILITY TO USE THE JAMURA.COM SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE JAMURA.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Term and termination
These Terms of Service will apply to your use of the Jamura.com service. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Jamura.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
Notices Jamura may provide you with notices regarding the Jamura.com service or these Terms of Service by regular mail, email, or postings to this Web site.
Miscellaneous provisions
These Terms of Service will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the County of Santa Clara, California. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Jamura be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and Jamura with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognising the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom, the United States or the country in which you reside.
LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Jamura.com has no control over such sites and resources, you acknowledge and agree that Jamura.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 Jamura.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.
Governing Law
These terms and conditions of use shall be governed by the laws of England and are subject to the exclusive jurisdiction of the English Courts.
Site Policies, Modification and Severability
We reserve the right to make changes to our site, our policies and these terms and conditions of use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any of the remaining conditions. |
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