This terms of use agreement (.Terms of Use.) governs Your use of the website www.JaJa.tv (the .Website.) operated by JaJa.tv, Inc. (.JaJa.tv.). If You do not agree to these Terms of Use, You may not use the Website. You must be of legal age (over eighteen years of age in the United States) to use the Website unless You are monitored by a parent or guardian who agrees to these Terms of Use.
1) Acceptance of the Terms of Use. Any use of the Website, including viewing content, posting material on the Website or emailing content to JaJa.tv (or any operator of the Website) is governed under these Terms of Use. The most recent version of the Terms of Use will always appear on the Website and You will always be bound by the most recent Terms of Use, even if You are not notified of any changes. This version of the Terms of Use is effective as of October 1, 2010.
2) Privacy Policy. The Privacy Policy appearing on the Website is a part of these Terms of Use and incorporated into the Terms of Use by reference.
3) Use of the Website.
a) You may be required to create an account and a username/password combination to use portions or sections of the Website. You agree and understand that You are solely responsible for maintaining the confidentiality of any username/password combination You create. You will be held accountable for any postings or actions taken on the Website for any access granted to the Website based upon Your username/password combination. If You become aware of any abuse of Your username/password combination, contact JaJa.tv immediately using the contact information on the Website.
b) You agree only to use the Website as set forth in these Terms of Use and according to applicable laws and regulations. You are responsible for any content, postings and comments which You may submit to the Website, including any submissions You deliver to the Website through third party information services, including .social media. services such as those provided or operated by Twitter.com and Facebook.com (.Third Party Services.). You are responsible for any of Your actions which breach or could be reasonably construed as a breach of these Terms of Use and You may be held responsible for any damages caused by such breach. You may not use the Website in a manner that would disrupt the use of the Website by other users or persons. JaJa.tv reserves the right to investigate any breach or alleged breach of these Terms of Use and to report any breach or alleged breach of these Terms of Use to law enforcement authorities.
c) JaJa.tv may prevent You from using the Website if JaJa.tv becomes aware of any action which breaches or which may reasonably be construed as a breach of these Terms of Use. JaJa.tv may also limit Your use of the Website for any other reason and retain the right to terminate Your use of the Website at its sole discretion. JaJa.tv reserves the right to refuse to accept, post, display or transmit any content submitted to the Website.
d) JaJa.tv has no responsibility to store or maintain any content submitted to or posted on the Website and will not be held liable for any failure to store or maintain any such content.
4) Copyrighted Information. You may not post or submit any proprietary information of another party, including any submissions made using Third Party Services, which is protected under copyright, trade secret or trademark law. JaJa.tv will respond to any notice it receives alleging an infringement of the copyright or trademark rights of a third party by investigating the allegation and removing the alleged infringing content should JaJa.tv determine that an infringement has occurred.
5) Third Party Links and Content. The Website may include links to websites operated by third parties (.Third Party Websites.) and information and content delivered to the Website by Third Party Services. Such links may be posted by the Company, You, other users, Google Adsense or other third parties. The Company has no control over any Third Party Websites that may be linked from the Website or any information or content provided by Third Party Services. The Company is not liable for any losses or damages You may incur by navigating to any Third Party Websites which may be linked from the Website or using any information or content provided by Third Party Services.
6) WARRANTY DISCLAIMER.
a) JAJA.TV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND REGARDING THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WEBSITE IS PROVIDED .AS-IS. AND YOU ARE TO USE THE WEBSITE SOLELY AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM(S) WHICH OCCURS AS A RESULT OF YOUR USE OF THE WEBSITE. JAJA.TV MAKES NO WARRANTY THAT THE WEBSITE WILL BE AVAILABLE ON A CONTINUOUS BASIS.
b) JAJA.TV MAKES NO WARRANTY THAT ANY INFORMATION OR CONTENT AVAILABLE ON THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT DELIVERED BY THIRD PARTY SERVICES, IS TRUE, RELIABLE OR ACCURATE. JAJA.TV MAKES NO WARRANTY THAT IT WILL CORRECT ANY ERRORS, DEFECTS OR OMISSIONS ON THE WEBSITE.
7) LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OR INTANGIBLE LOSS, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR ANY LOST PROFITS, LOST JOBS OR CONSULTING ARRANGEMENTS WHICH YOU MAY INCUR OR SUFFER AS A RESULT OF (i) YOUR USE OF THE WEBSITE, (ii) YOUR RELIANCE ON ANY INFORMATION OR CONTENT ON THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY THIRD PARTY SERVICES OR (iii) YOUR DEALINGS WITH ANY THIRD PARTY WEBSITE WHICH MAY BE LINKED TO OR FROM THE WEBSITE, INCLUDING ANY SUCH DAMAGES OR LOSSES WHICH INCUR AS A RESULT OF YOUR FAILURE TO PROTECT YOUR USERNAME/PASSWORD COMBINATION USED FOR THE WEBSITE OR YOUR USERNAME/PASSWORD COMBINATION YOU USE TO ACCESS THIRD PARTY SERVICES. THIS LIMITATION OF LIABILITY SHALL NOT BE MODIFIED EVEN IF THE COMPANY HAS BEEN ADVISED OR MADE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES OR LOSSES.
8) Indemnification. You agree to hold the Company harmless and indemnify the Company from and against any third-party claim arising from or in any way related to Your use of the Website, 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.
9) Content Policy.
a) You acknowledge that the Website is for entertainment purposes only and may contain content that You deem or find offensive or objectionable. You acknowledge that You use the Website solely at Your own risk.
b) The Company does not and will not actively monitor the Website and any content or information submitted to the Website, including content or information submitted by Third Party Services. The Company takes no responsibility for any content or information, including any malicious software programs, which are posted or submitted to the Website or any damages that such content or information may cause to You. It is Your responsibility to review any content or information which You submit to the Website. Unless otherwise indicated, the Company does not endorse or support any content that is submitted to the Website.
c) You represent and warrant that You have all the rights, power and authority necessary to submit Your content and information to the Website.
d) The Company reserves the right to review and/or remove any content or information submitted to the Website by You or other users which contains or references (1) pornography or obscene materials, (2) pedophilia, incest or bestiality; (3) threats of violence; (4) hateful references to persons of a specific race, ethnic group, religion, disabled class, gender, age or sexual orientation; (5) violates the copyright, trademark or other proprietary rights of another; (6) the private or confidential information of another person; and (7) Spam, marketing for other services or products, malicious software code (such as viruses or malware).
e) The Company retains the right to retain an archived copy of any removed content or information or to report any removed content or information, or content or information deemed to contain or reference any materials referenced in Section 9(d)(1)-(7), above, to law enforcement authorities or to comply with applicable laws or regulations. The Company may also retain such content or information in order to preserve its other rights.
10) Proprietary Nature of Website.
a) You acknowledge that the Company owns all right, title and interest in and to the Website and such rights are protected by U.S. and international intellectual property laws. Accordingly, You agree that You will not reproduce, reverse engineer, copy, alter, modify, or create derivative works from the Website, including any content or information posted on the Website. You also agree that You will not use any robot, spider, other software or manual process to monitor or copy any content or information available on the Website.
b) The logos on the website and the mark .JaJa.tv. are the trademarks of the Company and are protected under U.S. and international intellectual property laws.
c) Nothing in these Terms of Use gives You any right or license to use any of the Company.s proprietary information, including its trademarks referenced above.
11) Your Rights in and to Submitted Content.
a) You retain the rights to any of Your proprietary content or information You submit or post to or display on the Website, including any submissions performed with Third Party Services. By submitting, posting or displaying content or information on or to the Website, You grant Company a perpetual, worldwide, non-exclusive and royalty-free license to reproduce, publish, create derivative works from, public display and distribute such content or information on the Website, even if the Company receives compensation or remuneration from its operation of the Website or from any derivative works prepared from the Website or from any content or information submitted, posted or displayed on the Website.
b) You understand and acknowledge that the Company may transmit or distribute content or information submitted to the Website over various public networks and in various media and make such changes to content as necessary to conform and adapt content to the Website. You understand and acknowledge that the Company may make content available to other companies, business firms, organizations or individuals for its own business purposes. You agree that the license You grant to the Company includes these rights.
12) General. These Terms of Use constitute the entire agreement between You and the Company regarding use of the Website. Any failure by the Company not to exercise or enforce any legal right or remedy available to it shall not be construed as a waiver of such right or remedy. If any court of competent jurisdiction rules that any provision of these Terms of Use is invalid, then such provision shall be removed from these Terms of Use without affecting the remainder of the Terms of Use and these Terms of Use will continue to be valid and enforceable. These Terms of Use shall be governed under the laws of the State of Delaware without regard to its conflict of laws provisions. Any claim or cause of action You may have against the Company must be filed within one (1) year of the date on which the claim or cause of action occurred or such claim or cause of action shall be forever barred.
This Privacy Policy is part of the Terms of Use and governs Your use of the website JaJa.tv (the .Website.). You may not use the Website if You do not agree to this Privacy Policy. You must be of legal age (over eighteen years of age in the United States) to use the Website; if You are under legal age, You may use the Website under the supervision of a parent or guardian. This version of the Privacy Policy was created on 1 October 2010. JaJa.tv, Inc., the operator of the Website (referenced as .We. or .Us.) recognizes that privacy is important and our goal is to protect Your private information.
Information the Website collects and how We use it.
We don.t ask for Your name and credit card information. We ask that You NOT use any personally identifiable information or private information, such as Your name, if You submit content, information, comments or postings to Website, including any content, information, comments or postings submitted using Third Party Services. We reserve the right to edit and modify submitted content, information comments, postings and other submissions to the Website (although We do not actively monitor comments, postings and other submissions), including any content, information, comments or postings submitted using Third Party Services, which may violate Your privacy rights or the privacy rights of another person. If You discover that You inadvertently posted Your personally identifiable information or private information on the Website then either delete it or notify Usso that We may delete it. We disclaim any and all responsibility for any delay which may occur in deleting personally identifiable information or private information from the website.
You may be required to submit an email address so that Users can verify postings or comments to the website as authentic and not SPAM or mass marketing advertisements. You may also be asked to create a username and password combination to post on the Website. We will protect Your username and password according to this Privacy Policy.
We may use cookies, which are small data files containing a string of characters and which are stored on Your computer, to improve Your experience with the Website. Cookies will not contain any of Your personal information. If You set Your browser not to accept cookies, Your experience of the Website might be different.
Should You email Uswith questions, complaints or comments, We may retain such email communications. We will protect such email communications and will not disclose any contents of the email communications unless the sender explicitly states that the email was intended as a submission containing content for the Website, in which case We will post the communication on the Website. Emails posted by Uson the Website will not disclose the personal identity or email address of the sender.
We may present advertising links to Third Party Websites, content or information from Third Party Websites or links to Third Party Websites on the Website. This Privacy Policy only applies to the Website. It does not govern the use of any Third party Website. If You believe You have an issue or complaint with an operator of a Third Party Website then You should contact the operator of such Third Party Websites directly.
When You access the Website, the Website might record information sent by Your browser, including IP addresses of the computer You use, the kind of browser You use, and cookie information. We may use this information to improve users. experience with the Website or to identify persons who may violate this Privacy Policy or the Terms of Use. We reserve the right to prevent any identified individuals who may violate the Privacy Policy or the Terms of Use from using the Website.
We only process information or content submitted to the Website for the purposes described in this Privacy Policy or in the Terms of Use. These purposes include: display of submitted content or information, including content or information delivered by Third Party Services; to improve Our advertising efforts; research and analysis to improve the Website and the services We offer through the Website; ensuring the proper functioning of the Website; developing new services or content for the Website; and protecting Your rights and the rights of other users of the Website.
Information sharing.
Unless otherwise indicated, We do not share any of Your personal information with any third parties.
Information security
Although We take appropriate security measures to protect information submitted to the Website, Our security efforts are dependent upon the security procedures of the hosting provider which We use to host the Website. We cannot warrant or ensure that the hosting provider.s security measures will protect information submitted to the Website.
Enforcement
We will enforce this privacy policy, and if You violate any of its terms, We may prevent You from using the Website. If You believe that a person has violated this Privacy Policy then contact Ususing the email address on the Website. If We believe that You or another person may have used the Website for illegal or unlawful purposes then We reserve the right to submit any and all information We have related to the alleged incident to law enforcement entities.
Changes to this Privacy Policy
This Privacy Policy may change from time to time. The most current version of the Privacy Policy will always appear on the Website.
