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Terms of Use
Jamabi's Terms of Use for Sellers or Registered Members, and for Buyers, follow.
Terms of Use For Sellers or Registered Members
Welcome to our website, www.jamabi.com.   The terms and conditions stated herein constitute a legally binding agreement (the “Agreement'”) between you (you”, “your” or “users”) and Jamabi, Inc., a Delaware corporation, (“Jamabi”, “we”, “us”, or “our”) and describes the terms and conditions relating to your access to and use of the www.jamabi.com website (the “Site”) its affiliate sites, operated by Jamabi and any transactions initiated or conducted through a Jamabi player, including those conducted through the Jamabi player on a third party website or via affiliated and related technologies.
Please read this Agreement carefully because it governs your access to and any use of this Site. If you do not agree with the terms and conditions stated in this Agreement, please exit this Site immediaitely. Your continued access and use of this Site, including, without limitation, participation in the features, activities and services require you to provide your personal information. Your visit to this Site is also governed by our Privacy Policy. Please review our Privacy Policy, posted on www.jamabi.com. Both the Privacy Policy and this Agreement are legally binding on all users.
1. Permitted Users. This Site is offered and made available only to users 18 years of age. All users must have a valid credit card for purposes of conducting transactions on the Site. If you are not yet 18 years old please discontinue using the Site immediately.
2. Modifications. This Agreement may be modified at any time and for any reason by Jamabi at its sole discretion upon posting on the Site a notification of material changes in the modified agreement. Changes to this Agreement shall become effective immediately upon posting such notice of material changes on this Site and your continued access to and use of this Site shall be deemed as your acceptance of such changes. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement, as amended from time to time. Accordingly, you should periodically check this Agreement on the Site so you are aware of your rights and obligations under this Agreement, as amended from time to time.
3. Ownership.  Jamabi does not claim any ownership of any User Content (defined in Section 5 below) posted by you on the Site. However, any ideas you submit to Jamabi, including without limitation, ideas relating to improvement or enhancements to this Site and related services and all content posted by Jamabi, including, without limitation, all software, graphics, design, text, logos, images, digital downloads, data compilations, audio and video material, reviews, comments, photos or any other content and all proprietary information and materials protectable under copyright, trademark, patent, trade secret and other applicable intellectual property laws are the sole and exclusive property of Jamabi, its licensors, suppliers, advertisers, sponsors, service providers or promotional partners (“Jamabi Content”). Any copying, redistribution, use or publication by you of any Jamabi Content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any Jamabi Content by or through your use of this Site.
Jamabi does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with sharing User Content, it shall not be considered confidential information and shall be received and treated by Jamabi on a non-confidential and unrestricted basis.
4. Site Use. Jamabi hereby grants you a limited, revocable, non-transferable, personal and nonexclusive license to access and use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other commercial use. Your access to and use of this Site is limited by the following restrictions:
i.              You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any
ii.             Except as expressly permitted by Jamabi, you shall not allow any third party to make any commercial use, modify, alter, reproduce or make any derivative use of this Site (or the contents on this Site);
iii.             You shall use this Site in compliance with all applicable laws and regulations, including, without limitation, all state and federal laws of the United States of America and any other applicable jurisdiction(s);
iv.             You shall be solely responsible, both financially and legally, for all activities and transactions that occur under your account or through the use of your user name and password and you hereby agree to complete all transactions in good faith;
v.             You shall not harass other users or post any reviews, comments, photos or any other content that is illegal, obscene, indecent, vulgar, sexually explicit, threatening, defamatory, invasive of privacy, racially, ethnically or culturally offensive, discriminatory or abusive or otherwise injurious to or objectionable by third parties;
vi.             You shall not impersonate any person or entity on this Site;
vii.            You represent that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site User Content that you have the right and authority to Share and for which you have the right and authority to grant to Jamabi all of the licenses and rights set forth herein. You warrant that: (a) you have the right and authority to grant a license to the User Content (defined below) in accordance with the scope described in Section 5 below; (b) Jamabi’s exercise of the rights granted pursuant to such a license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the User Content have been waived to the full extent allowed by law. 
viii.           You shall not gain unauthorized access to this Site, other users’ accounts, personally identifiable information, or other computers, websites or web pages connected to or linked to the Site;
ix.             You shall not access or use this Site for purposes of spamming (sending junk emails and unsolicited messages to other users of this Site or third parties);
x.             You agree that you will not Share any User Content that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another's privacy or includes another’s confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, except for strictly charitable (and legal) purposes that be can be established by documentary evidence, (k) sells third party goods or services, or promotes or advertises third party goods or services unless you are specifically authorized by such third party to do so; or (l) contains any malicious code, including, without limitation, spyware, viruses, Trojan horses, worms, cancelbots, timebombs or other harmful or potentially harmful material and (l) that you will defend, indemnify and hold harmless, Jamabi and its users for all claims resulting from Content provided by you;
xi.             You shall not modify, impair, alter, disrupt or interfere with the use, features, functions, operation or maintenance of this Site or affect the enjoyment or use of this Site by any other person or entity
xii.      You acknowledge and understand that you may subscribe to a premium user account for a fixed subscription fee payable either on a monthly or quarterly basis. In addition, you acknowledge and understand that any financial or lead generation transactions initiated or conducted by you on the Jamabi Site, Player, affiliated sites or other related technology will be subject to a commission based on the sale price or donation amount. Within ten (10) days after the end of each month, Jamabi will notify you electronically or via written notice of the commissions due from any transactions on your account during the immediately preceding month (“Commissions Statement”). Unless you dispute the Commissions Statement in writing within five (5) days of receipt of the Commissions Statement, Jamabi will automatically deduct the commission you owe from a credit card or PayPal account you have provided to Jamabi. In the event, the commissions owed by you in any given month exceeds Five Hundred dollars ($500.00), Jamabi may deduct the commissions earlier than scheduled, provided, that, any such deduction is made at least five (5) days after providing written notice to you. You may contact Jamabi at legal@jamabi.com for any questions that you may have in this regard. 
xiii.           You hereby agree that you shall be solely responsible for satisfying any delivery obligations and complying with any implied or express warranties and representations relating to products or services you offer through the Site;
xiv.           You further agree that you shall be solely responsible for all damages and claims resulting from delay in delivery or any defects or breach of warranty in connection with any products or services you offer through the Site;
xv.            You further agree that in respect of any products or services you offer through the Site, you shall not solicit any user to bypass a transaction through the Site and purchase such products and/or services directly from your website, a Third Party Site or otherwise; and
xvi.           You further acknowledge that Jamabi is not responsible for any delinquency in payments by a buyer or delay in payments caused by a financial gateway, such as PayPal utilized by Jamabi.
The use of this Site is at the discretion of Jamabi and Jamabi may terminate your use of this Site at any time, including any violation of these terms and conditions.    Any use of this Site that exceeds the scope of a license granted herein gives Jamabi the right to deny you any access to this Site and in addition, may subject you to liabilities, civil and/or criminal, under applicable state and federal laws. Jamabi respects the intellectual property rights of others and likewise, expects anyone who accesses or uses this Site to do the same. Jamabi has the right to take appropriate action to remove any content on this Site that infringes intellectual property rights of others and may deny access to users who repeatedly use the Site to infringe third party intellectual property rights.
5. Postings. This Site may allow you to submit, post, display, transmit or exchange information, ideas or opinions and post content, such as photographs, images, video clips, messages, name, logos, brand names, service marks, trademarks, likeness or image of any person or entity  and other material (“User Content”). Jamabi assumes no responsibility for any delivery of messages you post on this Site or for the deletion of User Content or any failure to store User Content posted on the Site.  You may use User Content to promote and initiate financial transactions or lead generations that occur directly between you and a user on the Jamabi Site, Player, affiliated sites or other related technology.  On completion of a financial transaction or lead generation interaction Jamabi will charge you a commission as described in Section 4.xii. By uploading User Content, you grant Jamabi a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, translate, publish, the User Content for purposes of marketing and promotion of the Site and in any form, medium, or technology now known or later developed.  You will not be compensated for such use of User Content by Jamabi.  You also hereby grant to Jamabi a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable and sublicenseable right to use, reproduce, modify, adapt, publicly perform, publicly display, broadcast, translate, create derivative works from and distribute any User Content that you post on the Site or submit to Jamabi, unless otherwise indicated by Jamabi, in writing.  You also hereby grant each user of Jamabi a non-exclusive license to access your User Content through the Jamabi Site, Player, affiliated sites or related technology, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Jamabi Site, Player, affiliated sites or related technology, and under these Terms of Service. Jamabi will not endorse or edit any User Content.  However, Jamabi may monitor, screen or remove any User Content, which Jamabi, in its sole discretion determines to be obscene, illegal, abusive, immoral or inappropriate in any other way or if such User Content is indicative of any illegal or immoral activity engaged in by its users on this Site.  Jamabi is not responsible and hereby expressly disclaims any liability for User Content posted by a user on the Site or any activity or transaction that a user may engage in on this Site.  Notwithstanding the foregoing, Jamabi reserves the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow a user to post User Content; (b) remove or delete any User Content without any notice; (c) revoke a user’s right to use this Site, including the right to block a user’s IP address or deactivation of an account; and (d) take any other action to enforce the provisions of this Agreement. 

6. Trademarks. Product and company names, logos, page headers, graphics, scripts and service names are either trademarks or registered trademarks of Jamabi or its licensors, suppliers, advertisers, sponsors, service providers or promotional partners (“Trademarks”). You may not use such Trademarks in connection with any other product or service in any manner that is likely to cause confusion among customers or in any manner disparage or discredit the reputation of Jamabi or its licensors, suppliers, advertisers, sponsors, service providers or promotional partners, as the case may be.
7. Your Account. Jamabi may require you to register on the Site and log in through a unique user name and password to access and use certain features or functions available on the Site. Your user name and password are personal to you. You are solely responsible for maintaining such user name and password and for restricting any access to your account. You hereby agree to be solely responsible for all activities and transactions that occur under your account. You further agree to immediately notify Jamabi of any security concerns that you may have in relation to the Site or as soon as you become aware or suspect any unauthorized use of or activity under your account. Jamabi is not responsible for any damages or harm suffered as a result of a theft of your identity or misappropriation of your personal account information, including, without limitation, your user name and password. 
8. Refund Policy. Jamabi, PayPal or any other third party vendor that facilitates the payment transactions on the Jamabi Site is not responsible for any refund of money paid for goods sold by you on the Jamabi Site, including, without limitations, any claims for refund based on dissatisfaction with the goods or your failure to deliver goods purchased on the Jamabi Site and you hereby acknowledge that you shall remain solely responsible for any demand for refund relating to purchase of goods or services offered by you on the Jamabi Site.   Without contradicting the foregoing, upon notification from a user of its intent to terminate any services it subscribed to on the Jamabi Site by payment of a subscription fee, Jamabi hereby agrees to refund, on a prorated basis, the monthly subscription fees paid in advance by such user before the launch of the service. Upon termination of a subscription fee based service, you will lose all privileges extended to users who pay a subscription fee and will only be entitled to those services offered by Jamabi to generic users (i.e., users who do not pay any subscription fees). Any request for refund should be made within thirty (30) days after receiving the services for which a refund is being claimed. Jamabi shall process all claims to refunds within sixty (60) days upon receiving such a request and any refund subsequent thereto shall be made no later than ninety (90) days after receiving a request for refund.
9. Third Parties.  Parties other than Jamabi provide products or sell services on this Site. In addition, this Site may also have links to websites owned or operated by third parties (“Third Party Site”). Any link on this Site to Third Party Sites does not constitute an endorsement by Jamabi. Please note that by clicking on an advertisement or a link to a Third Party Site, you are exiting the Site and your use of any Third Party Site will be subject to the terms and conditions applicable to such Third Party Site and not this Agreement. Jamabi does not verify or endorse such Third party Sites and is not responsible for examining, evaluating or providing any warranties in respect of Third Party Sites. Jamabi hereby expressly disclaims all responsibility and liability for any content on Third Party Sites or for any activities and transactions that you may engage in on or through such Third Party Sites. Any information collected from you (either voluntarily or automatically) on a Third Party Site is subject to protection under the privacy policy (if any) of the respective Third Party Site and you are solely responsible for reviewing and evaluating the risks of submitting personally identifiable information on a Third Party Site.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
11. Indemnification. You agree to indemnify, defend and hold Jamabi and our partners, employees, affiliates, successors and assigns harmless from any and all liability, loss, claim, action, damages, costs and expense, including reasonable attorney's fees, related to any claims arising from products or services offered by you including, without limitation, claims of intellectual property infringement relating to such products or services, your violation of this Agreement, use of the Site, or any User Content posted on the Site by you or others. Jamabi may employ counsel at its own expense to assist it with respect to any such claim;provided, however, that if such counsel is necessary because of a conflict of interest relating to either you or your counsel or because you do not assume control, you will bear the expense of such counsel. In addition, you agree to fully cooperate with Jamabi in the defense of any such claim, action, settlement or compromise negotiations, as required by Jamabi.
12. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. JAMABI DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL JAMABI BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. Use of Information. Jamabi reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is James Denning, who can be reached as follows:
 By e-mail: legal@jamabi.com
16. Applicable Law and Jurisdiction. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Jamabi or its affiliates. You specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
17. Dispute Resolution. The parties will attempt to resolve any dispute, controversy or claim arising out of or relating to this Agreement in the following manner: first, by informal efforts of appropriate business principals for 10 days, thereafter, by mediation before a mutually agreed mediator from Judicial Arbitration and Mediation Services ("JAMS") to be scheduled within 10 business days. Mediation will be conducted at a JAMS facility in Santa Clara County, California, to whose jurisdiction the parties consent. The parties will bear their own costs. If mediation is not successful in fully resolving such dispute, the parties may then take any legal action they deem desirable. This clause will survive the termination or expiration of this Agreement. Either party may seek equitable relief from a court at any time. The provisions of this section may be enforced by any court of competent jurisdiction, and the party seeking enforcement will be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered
18. Equitable Relief Excluded. Either party may seek equitable relief to enforce the rights granted in the Sections entitled "CONFIDENTIAL INFORMATION" or "INDEMNIFICATION" or to obtain a temporary restraining order, preliminary injunction or other provisional remedy to preserve the status quo or prevent irreparable harm.
19. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
20. Term and Termination. This Agreement will become effective and remain in full force and effect each time you access this Site and as long as you are a user of this Site. You may deactivate your account on this Site at any time and for any reason upon written notification to Jamabi. To notify Jamabi of your desire to deactivate your account, please email us at legal@jamabi.com. Jamabi may terminate your use of this Site or deactivate your account at any time and for any reason, with or without cause, without prior notice to you and without liability or further obligation of any kind whatsoever to you or any other party. However, notwithstanding any termination of membership or deactivation of your account, you will continue to be bound by all your obligations under this Agreement, including, without limitation, your obligations under the Privacy Policy or any Additional Terms or any obligations such as indemnification, warranties and limitation of liability.
21. Entire Agreement. This Agreement, together with the Privacy Policy and any additional terms and conditions specific to certain category of users of this Site (“Additional Terms”) contains the entire understanding and agreement between you and Jamabi and supersedes any and all prior or inconsistent understandings relating to this Site and your use of this Site. This Agreement cannot be changed or terminated orally.
22. Survival. Any provision of this Agreement which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim may be brought by you more than (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
23. Contact Information.
      HOW TO CONTACT US:
For questions about this Terms of Use, please contact us at: legal@jamabi.com
For general questions about Jamabi, please contact us at: info@jamabi.com


Buyer Terms of Use

Welcome to our website, www.jamabi.com.   The terms and conditions stated herein constitute a legally binding agreement (the “Agreement'”) between you (you”, “your” or “users”) and Jamabi, Inc., a Delaware corporation, (“Jamabi”, “we”, “us”, or “our”) and describes the terms and conditions relating to your access to and use of the www.jamabi.com website (the “Site”) its affiliate sites, operated by Jamabi and any transactions initiated or conducted through a Jamabi player on a third party website or via affiliated and related technologies.

Please read this Agreement carefully because it governs your access to and any use of this Site. If you do not agree with the terms and conditions stated in this Agreement, please exit this Site immediaitely. Your continued access and use of this Site, including, without limitation, participation in the features, activities and services require you to provide your personal information. Your visit to this Site is also governed by our Privacy Policy. Please review our Privacy Policy, posted on www.jamabi.com. Both the Privacy Policy and this Agreement are legally binding on all users.
1. Permitted Users. This Site is offered and made available only to users 18 years of age. All users must have a valid credit card for purposes of conducting transactions on the Site. If you are not yet 18 years old please discontinue using the Site immediately.
2. Modifications. This Agreement may be modified at any time and for any reason by Jamabi at its sole discretion upon posting on the Site a notification of material changes in the modified agreement. Changes to this Agreement shall become effective immediately upon posting such notice of material changes on this Site and your continued access to and use of this Site shall be deemed as your acceptance of such changes. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement, as amended from time to time. Accordingly, you should periodically check this Agreement on the Site so you are aware of your rights and obligations under this Agreement, as amended from time to time.
3. Ownership. Any ideas you submit to Jamabi andall content posted by Jamabi, including, without limitation, all software, graphics, design, text, logos, images, digital downloads, data compilations, audio and video material, reviews, comments, photos or any other content and all proprietary information and materials protectable under copyright, trademark, patent, trade secret and other applicable intellectual property laws are the sole and exclusive property of Jamabi, its licensors, suppliers, advertisers, sponsors, service providers or promotional partners (“Jamabi Content”). Any copying, redistribution, use or publication by you of any Jamabi Content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any Jamabi Content by or through your use of this Site.
Jamabi does not want to receive confidential information from you through or in connection with the Site. Notwithstanding anything that you may note or state in connection with sharing User Content, it shall not be considered confidential information and shall be received and treated by Jamabi on a non-confidential and unrestricted basis.
4. Site Use.  Jamabi hereby grants you a limited, revocable, non-transferable, personal and nonexclusive license to access and use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other commercial use. Your access to and use of this Site is limited by the following restrictions:
i.             You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law;
ii.             Except as expressly permitted by Jamabi, you shall not allow any third party to make any commercial use, modify, alter, reproduce or make any derivative use of this Site (or the contents on this Site);
iii.             You shall use this Site in compliance with all applicable laws and regulations, including, without limitation, all state and federal laws of the United States of America and any other applicable jurisdiction(s);
iv.            You shall be solely responsible, both financially and legally, for all activities and transactions that occur under your account or through the use of your user name and password and you hereby agree to complete all transactions in good faith;
v.             You shall not harass other users or post any reviews, comments, photos or any other content that is illegal, obscene, indecent, vulgar, sexually explicit, threatening, defamatory, invasive of privacy, racially, ethnically or culturally offensive, discriminatory or abusive or otherwise injurious to or objectionable by third parties;
vi.            You shall not impersonate any person or entity on this Site;
vii.           You represent that you will only upload, share, post, publish, transmit, or otherwise make available ("Share") on or through the Site User Content that you have the right and authority to Share and for which you have the right and authority to grant to Jamabi all of the licenses and rights set forth herein. You warrant that: (a) you have the right and authority to grant a license to the User Content (defined below) in accordance with the scope described in Section 5 below; (b) Jamabi’s exercise of the rights granted pursuant to such a license will not infringe or otherwise violate any third party rights; and (c) all so-called moral rights in the User Content have been waived to the full extent allowed by law. 
viii.          You shall not gain unauthorized access to this Site, other users’ accounts, personally identifiable information, or other computers, websites or web pages connected to or linked to the Site;
ix.            You shall not access or use this Site for purposes of spamming (sending junk emails and unsolicited messages to other users of this Site or third parties);
x.             You agree that you will not Share any User Content that: (a) is binary executable code; (b) is false or misleading; (c) is defamatory, derogatory, degrading or harassing of another or constitutes a personal attack; (d) invades another's privacy or includes another’s confidential, sensitive or personal information; (e) promotes bigotry, racism, hatred or harm against any group or individual; (f) is obscene or not in good taste; (g) violates or infringes or promotes the violation or infringement of another's rights, including intellectual property rights; (h) you do not have the right and authority to Share and grant the necessary rights and licenses for; (i) violates or promotes the violation of any applicable laws or regulations; (j) contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or (k) contains any malicious code, including, without limitation, spyware, viruses, Trojan horses, worms, cancelbots, timebombs or other harmful or potentially harmful material and (l) that you will defend, indemnify and hold harmless, Jamabi and its users for all claims resulting from Content provided by you;
xi.            You shall not modify, impair, alter, disrupt or interfere with the use, features, functions, operation or maintenance of this Site or affect the enjoyment or use of this Site by any other person or entity;
xii.           You hereby agree that you shall be solely responsible for satisfying any payment obligations and complying with any restrictions relating to purchase and use of products or services purchased through the Site;
xiii.          You further agree that you shall be solely responsible for all damages and claims resulting from any unauthorized use or misuse of the products or services purchased through the Site; and
xiv.          You further acknowledge that Jamabi is not responsible for any delay in delivery or defects in products or services you purchase through this Site.
The use of this Site is at the discretion of Jamabi and Jamabi may terminate your use of this Site at any time, including any violation of these terms and conditions.    Any use of this Site that exceeds the scope of a license granted herein gives Jamabi the right to deny you any access to this Site and in addition, may subject you to liabilities, civil and/or criminal, under applicable state and federal laws. Jamabi respects the intellectual property rights of others and likewise, expects anyone who accesses or uses this Site to do the same. Jamabi has the right to take appropriate action to remove any content on this Site that infringes intellectual property rights of others and may deny access to users who repeatedly use the Site to infringe third party intellectual property rights.

5.     Postings.         This Site may allow you to submit, post, display, transmit or exchange information, ideas or opinions and post content, such as photographs, images, video clips, messages, name, logos, brand names, service marks, trademarks, likeness or image of any person or entity and other material (“User Content”). Jamabi assumes no responsibility for any delivery of messages you post on this Site or for the deletion of User Content or any failure to store User Content posted on the Site.   By uploading User Content, you hereby grant Jamabi a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable and sublicenseable license to use, reproduce, modify, adapt, translate and publish, the User Content for purposes of marketing and promotion of the Site and in any form, medium, or technology now known or later developed.  You will not be compensated for such use of User Content by Jamabi.  By sharing User Content, you also grant Jamabi a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable and sublicenseable right to use, reproduce, modify, adapt,  publicly perform, publicly display, broadcast, translate, create derivative works from and distribute any User Content that you post on the Site or submit to Jamabi, unless otherwise indicated by Jamabi, in writing.  You also hereby grant each user of Jamabi a non-exclusive license to access your User Content through the Jamabi Site, Player, affiliated sites or related technology, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Jamabi Site, Player, affiliated sites or related technology, and under these Terms of Service. Jamabi will not endorse or edit any User Content.  However, Jamabi may monitor, screen or remove any User Content which Jamabi, in its sole discretion determines to be obscene, illegal, abusive, immoral or inappropriate in any other way or if such User Content is indicative of any illegal or immoral activity engaged in by its users on this Site.  Jamabi is not responsible and hereby expressly disclaims any liability for User Content posted by a user on the Site or any activity or transaction that a user may engage in on this Site.  Notwithstanding the foregoing, Jamabi reserves the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow a user to post User Content; (b) remove or delete any User Content without any notice; (c) revoke a user’s right to use this Site, including the right to block a user’s IP address or deactivation of an account; and (d) take any other action to enforce the provisions of this Agreement. 

6. Trademarks. Product and company names, logos, page headers, graphics, scripts and service names are either trademarks or registered trademarks of Jamabi or its licensors, suppliers, advertisers, sponsors, service providers or promotional partners (“Trademarks”). You may not use such Trademarks in connection with any other product or service in any manner that is likely to cause confusion among customers or in any manner disparage or discredit the reputation of Jamabi or its licensors, suppliers, advertisers, sponsors, service providers or promotional partners, as the case may be.
7. Your Account. Jamabi may require you to register on the Site and log in through a unique user name and password to access and use certain features or functions available on the Site. Your user name and password are personal to you. You are solely responsible for maintaining such user name and password and for restricting any access to your account. You hereby agree to be solely responsible for all activities and transactions that occur under your account. You further agree to immediately notify Jamabi of any security concerns that you may have in relation to the Site or as soon as you become aware or suspect any unauthorized use of or activity under your account. Jamabi is not responsible for any damages or harm suffered as a result of a theft of your identity or misappropriation of your personal account information, including, without limitation, your user name and password. 
8. Refund Policy. Jamabi, PayPal or any other third party vendor that facilitates the payment transactions on the Jamabi Site is not responsible for any refund of money paid for goods purchased by you on the Jamabi Site, including, without limitations, any claims for refund based on dissatisfaction with the goods or seller’s failure to deliver goods purchased on the Jamabi Site.   Without contradicting the foregoing, upon notification from a user of its intent to terminate any services it subscribed to on the Jamabi Site by payment of a subscription fee, Jamabi hereby agrees to refund, on a prorated basis, the monthly subscription fees paid in advance by such user before the launch of the service. Upon termination of a subscription fee based service, you will lose all privileges extended to users who pay a subscription fee and will only be entitled to those services offered by Jamabi to generic users (i.e., users who do not pay any subscription fees). Any request for refund should be made within thirty (30) days after receiving the services for which a refund is being claimed. Jamabi shall process all claims to refunds within sixty (60) days upon receiving such a request and any refund subsequent thereto shall be made no later than ninety (90) days after receiving a request for refund.
 9. Third Parties. Parties other than Jamabi provide products or sell services on this Site. In addition, this Site may also have links to websites owned or operated by third parties (“Third Party Site”). Any link on this Site to Third Party Sites does not constitute an endorsement by Jamabi. Please note that by clicking on an advertisement or a link to a Third Party Site, you are exiting the Site and your use of any Third Party Site will be subject to the terms and conditions applicable to such Third Party Site and not this Agreement. Jamabi does not verify or endorse such Third party Sites and is not responsible for examining, evaluating or providing any warranties in respect of Third Party Sites. Jamabi hereby expressly disclaims all responsibility and liability for any content on Third Party Sites or for any activities and transactions that you may engage in on or through such Third Party Sites. Any information collected from you (either voluntarily or automatically) on a Third Party Site is subject to protection under the privacy policy (if any) of the respective Third Party Site and you are solely responsible for reviewing and evaluating the risks of submitting personally identifiable information on a Third Party Site.
10. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
11. Indemnification. You agree to indemnify, defend and hold Jamabi and our partners, employees, affiliates, successors and assigns harmless from any and all liability, loss, claim, action, damages, costs and expense, including reasonable attorney's fees, related to any claims arising from your purchase, use or misuse of the products or services purchased through the Site (including, without limitation, claims of intellectual property infringement relating to such products or services), your violation of this Agreement, use of the Site, or any User Content posted on the Site by you or others. Jamabi may employ counsel at its own expense to assist it with respect to any such claim;provided, however, that if such counsel is necessary because of a conflict of interest relating to either you or your counsel or because you do not assume control, you will bear the expense of such counsel. In addition, you agree to fully cooperate with Jamabi in the defense of any such claim, action, settlement or compromise negotiations, as required by Jamabi.
12. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. JAMABI DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
13. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL JAMABI BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. Use of Information. Jamabi reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is James Denning, who can be reached as follows: By e-mail: legal@jamabi.com
16. Applicable Law and Jurisdiction. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern this Agreement and any dispute that may arise between you and Jamabi or its affiliates. You specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
17. Dispute Resolution. The parties will attempt to resolve any dispute, controversy or claim arising out of or relating to this Agreement in the following manner: first, by informal efforts of appropriate business principals for 10 days, thereafter, by mediation before a mutually agreed mediator from Judicial Arbitration and Mediation Services ("JAMS") to be scheduled within 10 business days. Mediation will be conducted at a JAMS facility in Santa Clara County, California, to whose jurisdiction the parties consent. The parties will bear their own costs. If mediation is not successful in fully resolving such dispute, the parties may then take any legal action they deem desirable. This clause will survive the termination or expiration of this Agreement. Either party may seek equitable relief from a court at any time. The provisions of this section may be enforced by any court of competent jurisdiction, and the party seeking enforcement will be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.

18. Equitable Relief Excluded. Either party may seek equitable relief to enforce the rights granted in the Sections entitled "CONFIDENTIAL INFORMATION" or "INDEMNIFICATION" or to obtain a temporary restraining order, preliminary injunction or other provisional remedy to preserve the status quo or prevent irreparable harm.
19. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
20. Term and Termination. This Agreement will become effective and remain in full force and effect each time you access this Site and as long as you are a user of this Site. You may deactivate your account on this Site at any time and for any reason upon written notification to Jamabi. To notify Jamabi of your desire to deactivate your account, please email us at: legal@jamabi.com. Jamabi may terminate your use of this Site or deactivate your account at any time and for any reason, with or without cause, without prior notice to you and without liability or further obligation of any kind whatsoever to you or any other party. However, notwithstanding any termination of membership or deactivation of your account, you will continue to be bound by all your obligations under this Agreement, including, without limitation, your obligations under the Privacy Policy or any Additional Terms or any obligations such as indemnification, warranties and limitation of liability.
21. Entire Agreement. This Agreement, together with the Privacy Policy and any additional terms and conditions specific to certain category of users of this Site (“Additional Terms”) contains the entire understanding and agreement between you and Jamabi and supersedes any and all prior or inconsistent understandings relating to this Site and your use of this Site. This Agreement cannot be changed or terminated orally.
22. Survival. Any provision of this Agreement which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim may be brought by you more than (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
23. Contact Information.
      HOW TO CONTACT US:
For questions about this Terms of Use, please contact us at: legal@jamabi.com
For general questions about Jamabi, please contact us at: info@jamabi.com


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