|1. ACCEPTANCE OF TERMS |
Welcome to JigZone. JigZone provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. You can review the most current version of
the TOS at any time. In addition, when using
particular JigZone services, you and JigZone shall be subject to any posted
guidelines or rules applicable to such services which may be posted from
time to time. All such guidelines or rules are hereby incorporated by
reference into the TOS.
2. DESCRIPTION OF SERVICE
JigZone currently provides users with access to various online forums, communications tools
, personalized content and branded programming through
its network (the "Service"). Unless explicitly stated
otherwise, any new features that augment or enhance the current Service
shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that JigZone assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any
information that is untrue, inaccurate, not current or incomplete, or
JigZone has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, JigZone has the right to suspend or
terminate your account and refuse any and all current or future use of the
Service (or any portion thereof).
Registration Data and certain other information about you is subject to
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for
all activities that occur under your password or account. You agree to (a)
immediately notify JigZone of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. JigZone cannot and will not be
liable for any loss or damage arising from your failure to comply with
this Section 5.
6. MEMBER CONDUCT
You understand that all information, photographs, graphics, text, data, messages or other materials
("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This
means that you, and not JigZone, are entirely responsible for all Content
that you upload, post, email or otherwise transmit via the Service. JigZone
does not control the Content posted via the Service and, as such, does not
guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances will JigZone
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content posted, emailed or
otherwise transmitted via the Service.
You agree to not use the Service to:
You acknowledge that JigZone does not pre-screen Content, but that JigZone
and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or move any Content that is available via the
Service. Without limiting the foregoing, JigZone and its designees shall
have the right to remove any Content that violates the TOS or is otherwise
objectionable. 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. In this regard, you
acknowledge that you may not rely on any Content created by JigZone or
submitted to JigZone.
You acknowledge and agree that JigZone may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief
that such preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond to claims that
any Content violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of JigZone, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing 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 States or the
country in which you reside.
8. PUBLIC CONTENT POSTED TO JIGZONE
(a) For purposes of the TOS, "publicly accessible areas of the Service"
are those accessible by the general public.
(b) With respect to Content you elect to post for inclusion in publicly
accessible areas of the
Service, you grant JigZone the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt and publish such Content on the
Service, solely for the purpose for which such Content was submitted to the Service. This license exists only for as long
as you elect to continue to include such Content on the Service and shall
be terminated at the time you delete such Content from the Service.
You agree to indemnify and hold JigZone, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content
you submit, post to or transmit through the Service, your use of the
Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that JigZone may establish general practices and limits
concerning use of the Service, including without limitation the maximum
number of days uploaded Content will be retained by the Service, the maximum number of
images that may be sent from or received by an account on the
Service, the maximum size of any Content that may be sent from or
received by an account on the Service, the maximum disk space that will be
allotted on JigZone's servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in a
given period of time. You agree that JigZone has no responsibility or
liability for the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by the Service.
You acknowledge that JigZone reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
JigZone reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
JigZone reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that JigZone shall not be liable to you or
to any third party for any modification, suspension or discontinuance of
You agree that JigZone, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service, and remove
and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if JigZone believes that you have
violated or acted inconsistently with the letter or spirit of the TOS.
JigZone may also in its sole discretion and at any time discontinue
providing the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under any
provision of this TOS may be effected without prior notice, and
acknowledge and agree that JigZone may immediately deactivate or delete your
account and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you agree that
JigZone shall not be liable to you or any third-party for any termination of
your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, 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 JigZone shall 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 the Service.
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because JigZone has no control over such
sites and resources, you acknowledge and agree that JigZone 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 JigZone 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.
16. JIGZONE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as
expressly authorized by JigZone or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on
the Service or the Software, in whole or in part.
JigZone grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by JigZone for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT JIGZONE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JIGZONE HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF
ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18
MAY NOT APPLY TO YOU.
Notices to you may be made via email. The
Service may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
JigZone, JigZone in Chinese Characters, My JigZone, JigZone logos and product and service names are trademarks
of JigZone Inc. (the "JigZone Marks"). Without JigZone's prior permission, you
agree not to display or use in any manner, the JigZone Marks.
Please report any violations of the Terms Of Service to our Customer Care