Terms of Use
Effective Date July 7, 2006
Please read these Terms of Use before using www.jynormus.com (“Site”). By accessing, browsing or using our Site or services available on the Site (“Site Services”), you are deemed to accept the terms of use and agree to be bound by this agreement.
Jynormus, LLC and its affiliates and subsidiaries (“Jynormus,” "we," “us”) reserve the right to review and revise the terms of service from time to time without prior notice, and, by using the Site subsequent to any revision of the terms of use, you agree to be bound by such changes.
IF YOU FIND THESE TERMS OF USE UNACCEPTABLE, YOU MUST IMMEDIATELY TERMINATE USE OF THIS WEB SITE.
1. License
You are hereby granted a personal, nonexclusive, nontransferable, revocable, limited license to view, reproduce, print, cache, store and distribute content, except images, retrieved from our Sites via a generally available consumer web browser for noncommercial use. If you want to make commercial use of this Site, you must enter into an agreement with Jynormus to do so. Please contact us at legal@jynormus.com for more information about commercial use.
The images made available to you by means of the Jynormus Image Search engine are protected by the laws of the United States and other countries. Although you are permitted to locate and access the images through our search engine, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site.
2. Intellectual Property
a. Jynormus Copyrights
All contents of this site are Copyright © 2006 Jynormus or its licensors. Any use of the such copyrighted contents without the express written permission of Jynormus is strictly prohibited.
b. Jynormus Trademarks
The Jynormus name, the stylized Jynormus logo, and other Jynormus logos and product and service names are trademarks of Jynormus. Those and all other names, terms, logos, slogans, images, web page trade dress and other indicia identifying Jynormus’ products or services are proprietary marks belonging to Jynormus. Any use of such trademarks without the express written permission of Jynormus is strictly prohibited.
c. Others’ Trademarks
The names of companies and products not owned by Jynormus and mentioned herein may be the trademarks of their respective owners. Jynormus is not a publisher of the advertisements provided or produced by advertisers and simply facilitates the placement of such advertisement using its licensed technology. Therefore, Jynormus cannot arbitrate disputes between advertisers and trademark owners.
3. Claims of Copyright Infringement
Jynormus respects the intellectual property of others and may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that any material on this Site infringes on any copyright which you own or control, or that any link on this Site directs you to another Web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Please contact the Designated Agent and follow the steps outlined in the Notice and Procedure for Making Claims of Copyright Infringement [link to this procedure on the Copyright Claims Page].
4. Privacy Policy
The information that Jynormus obtains through your use of our Sites is subject to our Privacy Policy [ insert link to PP]. The Privacy Policy contains terms and conditions governing our collection and use of the information provided by you, as well as our respective rights relative to that information.
5. Confidentiality
The confidentially of your use of the Site is not guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality due to your use of the Site.
6. Security
You may have an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account. We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these terms. You will promptly report any unauthorized use of your password to us.
7. Restrictions
a. You may not use this Site to sell a product or service, or to increase traffic to your web site for commercial reasons, such as advertising sales.
b. You may not (and may not allow any third party to) copy, modify, adapt, translate, create a derivative work from the Site or Site Services, including but not limited to framing any pages or portions thereof. You may not take the results from any type of web search and reformat and display them, or mirror the web site home page or results pages on your web site. Further, you may not (and may not allow any third party to) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code of the Site or Site Services.
c. You may not remove or obscure the copyright notice or trademark notices displayed on the Site. You may not reproduce, print, cache, store or distribute content retrieved from the Sites in any way for any commercial use without the prior written permission of Jynormus or the copyright holder identified in the relevant copyright notice.
d. You may not modify the Site Services in any manner or form, or use modified versions of the Site Services, including (without limitation) for the purpose of obtaining unauthorized access to any Site Services. You may not access the Site Services by any means other than through the interface that is provided by Jynormus for use in accessing the Site Services.
e. If you choose to forward content from the Sites via email through our Site Services, you agree that you will only forward such content to willing recipients known to you and that you will not use such Services for engaging in spam or other unauthorized conduct.
f. You may not:
i. Violate any applicable law, regulation, or rule;
ii. Harass, offend, threaten, embarrass, distress, or invade the privacy of any individual or entity;
iii. Post or transmit any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
iv. Provide false personal information or impersonate another person;
v. Post or transmit false, inappropriate, improper, disorderly, or excessive messages or information;
vi. Post any material that infringes upon any third party's copyright, trademark, patent, or other intellectual property right.
g. You may not send automated queries of any sort to our Sites without express written permission in advance from Jynormus. Note that "sending automated queries" includes, among other things:
i. using any software which sends queries to our sites to determine how a website or webpage ranks for various queries;
ii. automatically generating clicks;
iii. meta-searching; and
iv. performing offline searches on any Jynormus web site
Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Sites shall be construed as conferring any other license or right, expressly, by implication, by estoppel or otherwise, with respect to any of Jynormus’ content or any third party's content. Any rights not expressly granted herein are reserved.
8. No Representations or Warranties
THE SERVICES AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED, AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
9. Third-Party Sites and Web Site Links
This Site may contain links to other web sites which are independent of this Site. We make no representation or warranty as to the accuracy, value, integrity, completeness, or authenticity of the information or opinions contained in any such linked web site. Any link to another web site shall not be construed as an endorsement by us of that web site, or of the products or services described therein. Furthermore, these links may lead to sites or links that contain offensive and objectionable content, or which may contain dangerous computer viruses. YOU ASSUME, AND WE HEREBY DISCLAIM, ALL RESPONSIBILITY FOR ANY OF THE CONTENT ON THESE SITES OR FOR ANY DAMAGE SUSTAINED BY USERS OF THESE SITES.
We assume no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any content, data, documents, graphics, images, information, advice, or opinion contained in any e-mails, message boards, chat rooms or community services, or in any other public services, and do not endorse any advice or opinion contained therein. We do not monitor or control such services, although we reserve the right to do so. We may take any action we deem appropriate, in our sole discretion, to maintain the high quality of our service and to protect ourselves and others.
10. Contact With Third-Party Vendors or Advertisers
Your dealings with advertisers and third party vendors found on or through the Site, including your participation in promotions, the purchase of goods, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. JYNORMUS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY GOODS OR WEB SITES THAT MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT JYNORMUS WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY ACTIVITIES YOU UNDERTAKE IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS, SERVICES, INFORMATION OR OTHER MATERIALS AVAILABLE, OR THROUGH SUCH THIRD PARTIES, ON OUR SITES. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Jynormus has no control and which will govern your rights and obligations with respect to the use of those web sites.
11. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR OTHER INDIRECT DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR ANY SERVICES, CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM. YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT AND MATERIALS.
12. Indemnification
You agree to hold harmless, defend and indemnify us, our officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including reasonable attorneys' fees, that are due to, or that arise from your use or misuse of this site, any services therein, or for infringement by you or others of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
13. Remedies
If you violate the terms of use, we may, without prior notice and without liability to you, terminate your access and use of the Site and Site Services, and take any other action we deem appropriate in our sole discretion. You acknowledge that we may, without notice to you and at our sole discretion, establish various practices, limitations and restrictions for administering such services, and you agree to be bound by such practices. You agree that we are not responsible or liable for deactivation or deletion of accounts or for loss of data or information as a result of, or arising out of, our administration of such services.
14. Governing Law
These terms of use shall be governed by and construed in accordance with the laws of the state of Arizona, USA, as they apply to agreements made and solely performed therein. You irrevocably consent and waive all objection to personal jurisdiction and venue in the state and federal courts located in Maricopa County, Arizona, USA and you shall not commence or prosecute any suit or action except in the foregoing courts.
15. International Use
We do not represent that all content, materials and services on our Web site are appropriate or available for use in all geographic locations, especially some locations outside the United States, and accessing such from certain locations may be illegal and prohibited. You will not access the content, materials and services from such locations where prohibited by law. If you do access content, materials and services from such locations, you do so on your own initiative and WE DISCLAIM ANY LIABILITY for your lack of compliance with applicable laws.
You agree to comply with all applicable laws regarding the transmission of technical data, including software, exported from the United States or the country in which you reside.
16. Modification and Severability
We may modify these Terms of Use at any time by posting revised Terms of Use on our Site and your continuing use of the Site and the Site Services constitutes your agreement to be bound by such modified Terms of Use. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable from these Terms of Use in that jurisdiction without invalidating the remaining provisions of these Terms of Use. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction.
17. Contact Information
If you have any questions or concerns with respect to this Agreement, you may contact us at:
Jynormus
Attention: Legal Department
7000 North 16th Street
Suite 120-495
Phoenix, AZ 85020
legal@jynormus.com
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