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Member conduct
JamWave's Terms of service is designed to protect our members in maintaining a
safe, fun, Jammin good time. You must agree to JamWave's Terms of Service to
use JamWave's products and services.
CONTENT RESPONSIBILITY
Member acknowledges and agrees that JamWave neither endorses the contents of
any Member communications nor assumes responsibility for any threatening,
libelous, obscene, harassing or offensive material contained therein, any
infringement of third party intellectual property rights arising there from or
any crime facilitated thereby.
Member agrees that they will not post links to Web Sites that are similar
in nature to JamWave or Web Sites that compete with JamWave. Posts
are checked by our software and all posted links that violate this
will be removed automatically.
Member is solely responsible for the contents of his or her transmissions
through the Service. Member's use of the Service is subject to all applicable
local, state, national and international laws and regulations.
Member agrees: (1) to comply with US law regarding the transmission of technical
data exported from the United States through the Service; (2) not to use the
Service for illegal purposes; (3) not to interfere or disrupt networks
connected to the Service; and (4) to comply with all regulations, policies and
procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages;
therefore, Member's conduct is subject to Internet regulations, policies and
procedures. Member will not use the Service for chain letters, junk mail,
spamming or any use of distribution lists to any person who has not given
specific permission to be included in such a process.
Member agrees not to transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, or harmful material of any kind or nature.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national or international law or
regulation. Attempts to gain unauthorized access to other computer systems are
prohibited.
Member shall not interfere with another Member's use and enjoyment of the
Service or another entity's use and enjoyment of similar services.
Member shall not create multiple accounts in order to upload more than the maximum allowed content per account.
JamWave may, at its sole discretion, immediately terminate Service should
Member's conduct fail to conform with these terms and conditions of JamWave.
You understand that all Content posted to the JamWave system or otherwise
transmitted via the Service is the sole responsibility of the individual who
originally posted the Content. You agree that JamWave will not be liable,
under any circumstances and in any way, for any errors or omissions, loss or
damage of any kind incurred as a result of the use of any Content posted or
otherwise transmitted via the Service. You agree that You must evaluate, and
bear all risks associated with the use of any content, including any reliance
on the accuracy, completeness, or usefulness of such content.
JamWave reserves the right to preserve and disclose content posted to or
transmitted via the services if reasonably necessary to:
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enforce this Agreement
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comply with a legal process
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protect the rights, property, or personal safety of any party.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the
Advertisers showing their products on the Service. Any such correspondence or
promotions, including the delivery of and the payment for goods and services,
and any other terms, conditions, warranties or representations associated with
such correspondence or promotions, are solely between the corresponding Member
and the Advertiser. JamWave assumes no liability, obligation or responsibility
for any part of any such correspondence or promotion.
Indemnification:
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND JamWave, AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT
YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS,
PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS,
PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE
ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY JamWave, DUE
TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH
THE JamWave SITE, YOUR USE OR MISUSE OF THE SITE, YOUR CONNECTION TO OTHER
USERS, YOUR VIOLATION OF THE LICENSE, OR YOUR VIOLATION OF ANY RIGHTS OF
ANOTHER.
Data Transmission Security
You acknowledge that JamWave has no control of the communications lines used to
access the JamWave services because such lines are provided by a third party
public utility and, as such, that the security of transmissions to and from the
services is not the responsibility of JamWave.
Content submitted to JamWave.com
CONTENT OWNERSHIP
Unless stated otherwise for specific services, Member will retain copyright
ownership and all related rights for information he or publishes through
JamWave or otherwise enters into JamWave-related services
You grant JamWave a temporary license to "rebroadcast your content" where in we
host and provide access to the content that you have chosen to be publicly
displayed.
In publishing content on your JamWave Site you grant JamWave a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, distribute,
transmit and display your content (as well as permit others - including without
limitation JamWave's co-brand, content and syndication partners - to do the
same)
JamWave may use this license solely for the following purposes:
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Displaying, distributing and promoting your JamWave Site
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Promoting and marketing JamWave's products and services
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Promoting and marketing the products and services of JamWave's partners and
affiliates
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Promoting and marketing products and services related to your content
JamWave hereby waives any right to use this license to:
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Produce and sell reproductions of your content directly to individual consumers
(without your expressed consent)
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Produce and sell derivative works based on your content directly to individual
consumers (without your expressed consent)
This license in term for the life of your JamWave membership
PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software,
music, sound, photographs, video, graphics or other material contained in
either sponsor advertisements or email-distributed, commercially produced
information presented to Member by the Service ("Content") by JamWave or
JamWave's Advertisers, is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws; therefore, Member is only
permitted to use this Content as expressly authorized by the Service or the
Advertiser. Member may not copy, reproduce, distribute, or create derivative
works from this Content without expressly being authorized to do so by the
Service or the Advertiser.
Copyright
Original Content created by JamWave or its suppliers
All content created by JamWave or its suppliers and included on this site, such
as text, graphics, logos, button icons, images, audio clips, and software, is
the property of JamWave.com (or its suppliers) and protected by U.S. and
international copyright laws.
Compilations of Content
Except as outlined in "Content submitted to JamWave" above*, the compilation
(meaning the collection, arrangement, and assembly) of all content on this site
is the exclusive property of JamWave.com and protected by U.S. and
international copyright laws. The content and software on this site may be used
as a homepage creation or web-surfing resource. Any other use, including the
reproduction, modification, distribution, transmission, republication, display,
or performance, of the content on this site is strictly prohibited.
Personal Information
You hereby certify to JamWave that you are at least 16
years old. JamWave is intended for people who are at least 16 years old. People
under the age of 16 are not permitted to join JamWave or participate in the
JamWave Community.
For purposes of identification, you must provide JamWave with accurate,
complete, and updated information required by the registration to the JamWave
service - namely, a valid email address. If you choose to purchase any of
JamWave's pay services, or products you must provide JamWave with
accurate, complete and updated payment data (e.g. a credit card number and
expiration date). JamWave may require a copy of a state issued form of
identification before making changes to the registration data or billing
information on a Customer's account.
Trademarks
JamWave is a registered trademark in the United States and other countries.
JamWave's trademarks may not be used in connection with any product or service
that is not JamWave's, in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits JamWave.com.
Disclaimer
DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT
MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS.
JamWave EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
JamWave MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN
DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
SUCH MATERIAL AND/OR DATA.
JamWave MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR
THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL JamWave BE LIABLE WHETHER IN
CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR
IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY, EVEN IF JamWave HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, SE, DATA OR OTHER INTANGIBLE
LOSSES, RESULTING FROM:
THE USE OR THE INABILITY TO USE THE SITE OR SOFTWARE;
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE USE OF THE SOFTWARE OR SITE.
UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING THE SOFTWARE; OR
ANY OTHER MATTER RELATING TO THE USE OF THE SOFTWARE. IN NO EVENT SHALL
JamWave'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF TWENTY US
DOLLARS ($20).
WHERE THE TRADE PRACTICES ACT 1974 (CTH) OR SIMILAR STATE AND TERRITORY
LEGISLATION IMPLIES INTO THIS LICENCE ANY CONDITION OR WARRANTY, AND THOSE LAWS
AVOID OR PROHIBIT CONDITIONS IN A CONTRACT EXCLUDING OR MODIFYING THEM, THEN
THE TERM, CONDITION OR WARRANTY SHALL BE DEEMED TO BE INCLUDED IN THIS LICENCE,
PROVIDED THAT TO THE FULL EXTENT THAT JamWave IS ABLE TO THE LIABILITY OF
JamWave FOR A BREACH OF ANY SUCH CONDITION OR WARRANTY, INCLUDING AND ECONOMIC
OR CONSEQUENTIAL LOSS, SHALL BE LIMITED AT THE OPTION OF JamWave TO ONE OR MORE
OF THE FOLLOWING:
IF THE BREACH RELATED TO GOODS:(A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF
EQUIVALENT GOODS;(B) THE REPAIR OF GOODS;(C) THE PAYMENT OF THE COST OF
REPLACING THE GOODS OR OBTAINING EQUIVALENT GOODS;(D) THE PAYMENT OF HAVING THE
GOODS REPAIRED;OR
IF THE BREACH RELATES TO SERVICES:(A) THE SUPPLY OF THE SERVICE AGAIN; OR (B)
THE AYMENT OF THE COST OF HAVING THE SERVICE SUPPLIED AGAIN.
JamWave's failure to exercise or enforce any right or provision of the TERMS OF
SERVICE shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by JamWave in writing.
Member and JamWave agree that any cause of action arising out of or related to
this Service must commence within one (1) year after the cause of action arose;
otherwise, such cause of action is permanently barred. The section titles in
the Terms Of Service are solely used for the convenience of the parties and
have no legal or contractual significance.
JamWave.com is an Illinois State USA Company. As such, the laws of the
State of Illinois will govern these disclaimers, terms and conditions,
without giving effect to any principles of conflicts of laws. We reserve the
right to make changes to our site and these disclaimers, terms and conditions
at any time.
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