PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.
For information on our privacy policy, click here.
AGREEMENT
This is an agreement between "you", Jumpin Jams Music & More, and all of its owners, operators, contractors, agents, employees, offices, directors, shareholders and affiliates. This agreement explains the basis upon which any business, interactions, or transactions between you and Jumpin Jams Music & More and/or all of its owners, operators, contractors, agents, employees, offices, directors, shareholders and affiliates will take place and our responsibilities toward each other.
The term "you" shall refer to yourself.
To complete any transaction with us, or our affiliates as they relate directly to us, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You agree that we may modify this agreement in order to comply with applicable law and the terms and conditions under which we choose to operate.
In consideration for the services and products ("service") purchased by you and provided to you by us, you agree to pay us at the time product is provided. Payment is to be made by you providing a valid credit card for charge by us, or our affiliate billing agency, and is non-refundable. If for any reason we are unable to charge your credit card with the full amount owed us for the service provided, or if we are charged back for any fee we previously charged to the credit card you provided, you agree that we may pursue all available remedies in order to obtain payment. If payment is not made by credit card, payment may also be made in the form of a personal or business check or money order. If such check does not clear the bank and it is returned, you agree to Pay Jumpin Jams Music & More the amount originally due plus an additional $50.00 returned check fee.
GENERAL
This site is owned and operated by Jumpin Jams Music & More. Jumpin Jams Music & More has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.
EQUIPMENT
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
RESTRICTION OF SERVICES; RIGHT OF REFUSAL
You agree not to use the services provided by us, or to allow or enable others, to use the services provided by us for the purposes of: The transmission of unsolicited e-mail (SPAM). You agree that in any posting of information regarding our website, services, or products or any information posted in regards to us that you will include the notification that you are in no way affiliated with us, our products, our services, or our website. Failure to do so may constitute defamation and compensatory damages may be sought at your sole expense. If we catch you spamming at all, you will be terminated from the lists, and site with no refunds or notification. We take spam very serious. You agree that we, in our sole discretion and without liability to you, may refuse to accept the registration for services from any party at any time for any reason. We also may in our sole discretion and without liability to you delete the registration for any services, products, or transactions from us by you or on your behalf within a period of (1) year after such registration was made. We may also cancel, at any time, any obligation we may have to you should we discover that you have in any way used our service, network, logo, name, or reference in association with SPAM or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, or is otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.. In the event that we see you're harassing us, or threatening us in anyway, we will refuse or terminate any service, product, or transaction that you are part of, and no refund(s) will be provided to you.
You shall use the site for lawful purposes only. Without Jumpin Jams Music & More express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in Jumpin Jams Music & More discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software; photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Jumpin Jams Music & More and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
You shall not e-mail, upload, post or otherwise make available on the site any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to Jumpin Jams Music & More policies regarding privacy, any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of Jumpin Jams Music & More throughout the universe. By submitting material to Jumpin Jams Music & More, you automatically grant, or warrant that the owner of such material has expressly granted Jumpin Jams Music & More the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, and store or reproduce the material for that user's personal use. You grant Jumpin Jams Music & More the right to edit, copy, and display, publish and distribute such material.
The foregoing provisions are for the benefit of Jumpin Jams Music & More, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
You agree that our entire liability to you under this agreement, and your only remedy, in connection with any service provided by us to you under this agreement, and for any breach of this agreement by us, shall be limited to one-tenth of the amount of any fees you paid to us for the service in contention. WE AND OUR AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF OUR SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
WE EXPRESSLY DISCLAIM 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. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE DO NOT WARRANTY ANY MERCHANDISE, SERVICE (INCLUDING ANY PROMOTIONAL PROGRAMS), OR PRODUCT THAT YOU MAY RECEIVE FROM US.
WE DISCLAIM ANY LOSS OR LIABILITY RESULTING FROM:
Access delays or interruptions to our web site or billing/registration system data non-delivery or mis-delivery between you and us events beyond our control (i.e. acts of God) the loss of registration or processing of a transaction the failure for whatever reason to continue to provide any services or promotional programs the unauthorized use of your account with us or any of the services provided to you by us errors, omissions or misstatements deletion of, failure to store, or failure to process or act upon e-mail messages processing of updated information to your registration record errors taking place with the acquisition of your application errors taking place with regard to the processing of your application failure or discontinuation of our payment processor(s) or any results caused because of such failure or discontinuation any act or omission caused by you or your agent (whether authorized by you or not)
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER JUMPIN JAMS MUSIC & MORE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT JUMPIN JAMS MUSIC & MORE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL JUMPIN JAMS MUSIC & MORE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
MONITORING
Jumpin Jams Music & More shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, Jumpin Jams Music & More shall have the right to remove any material that Jumpin Jams Music & More, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
TRADEMARKS
Jumpin Jams Music & More and each of their logos are trademarks of Jumpin Jams Music & More. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
THIRD PARTY CONTENT
Jumpin Jams Music & More is not a publisher of content supplied by third parties and users of the site. Accordingly, Jumpin Jams Music & More has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Jumpin Jams Music & More. In some instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Jumpin Jams Music & More neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Jumpin Jams Music & More employee spokespersons while acting in their official capacities.
VIRUSES
Jumpin Jams Music & More also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
EXPORT CONTROL
Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Jumpin Jams Music & More does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
BUSINESS ASSOCIATES
The business associates of Jumpin Jams Music & More identified on this Site are independent contractors of Jumpin Jams Music & More. The business associates are not joint venturers or partners of Jumpin Jams Music & More. No employee or representative of the business associates is under the control of Jumpin Jams Music & More.
CHANGED TERMS & MODIFICATIONS
Jumpin Jams Music & More has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
The terms of this agreement shall continue in full force and effect as long as you have any relationship with Jumpin Jams Music & More. You agree that we may modify this agreement from time to time as little or often as we feel necessary. We may also discontinue at any time, any and all services we provide under this agreement. You agree to be bound by any changes we may make to this agreement when such changes become effective. Changes made to this agreement shall become active at the time they are posted to our website and become publicly accessible. Should you elect to cancel your agreement with us you will not receive a refund for any fees you may have paid to us. You agree that we shall not be bound by any representations made by third parties who you may use to purchase services or products from us, and that any statements of a general nature, which may be posted on our web site or be contained in our promotional materials, will not bind us.
MISCELLANEOUS
These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Georgia, acknowledge that venue is proper in any state or Federal court in the State of Georgia, agree that any action related to these terms of use must be brought in a state or Federal court in the State of Georgia, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Jumpin Jams Music & More Web site incorporates links to other Web sites. Jumpin Jams Music & More does not in any way endorse, nor is it responsible for, the content on those other Web sites.
Specific questions regarding this policy may be addressed to SUPPORT ~ JUMPINJAMS.COM.
UP TO DATE INFORMATION; USE OF INFORMATION
It is your responsibility to keep yourself informed about this information in a current and accurate status. Failure by you, for whatever reason, to provide us with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by us to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement. You agree that your personal and personally identifiable information may be surrendered to law enforcement agencies if a request for such surrender is made of us.
DISPUTE RESOLUTION POLICY
You agree to be bound by our Dispute Resolution Policy. We will not participate in any way in any dispute between you and any party other than us regarding any business that you may have conducted with us. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate by us at your expense and to take any other action necessary to defend ourselves. You agree to review our web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with us as a result of the modified Dispute Resolution policy no fees will be refunded to you. You agree that if a dispute arises as a result of one or more services, transactions, or products that you have received or contracted to receive through us, that you will indemnify, defend and hold us harmless as provided for in this agreement. You also agree that if we are notified that a complaint has been filed with a governmental, administrative or judicial body, regarding any services, products, or transactions received from us or entered into with us by you or anyone acting on your behalf, that we, in our sole discretion, may take whatever action we deem necessary to resolve such claim. In this event you agree to hold us harmless for any action taken by us to resolve such claim, or for such claim itself.
SUSPENSION OF SERVICES; BREACH OF AGREEMENT
You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by us are subject to cancellation or suspension in the event there is an unresolved breach of this agreement and that no fees paid to us will be refunded. You agree that your failure to comply completely with the terms and conditions of this agreement and any of our rules or policies may be considered by us to be a material breach of this agreement and that we may provide you with notice of such breach either in writing or electronically (i.e. e-mail). In the event you do not provide us with material evidence that you have not breached your obligations to us within ten (10) business days, we may terminate our relationship with you and take any remedial action available to us under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of services contracted for by you or on your behalf with us and discontinuing any services provided by us to you. No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. Our failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.
INDEMNITY
You agree to release, defend, indemnify and hold harmless Jumpin Jams Music & More and its owners, operators, contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with us whether or not on your behalf, and whether or not with your permission) use of the services provided by us. Should we be notified of a pending law suit, or receive notice of the filing of a law- suit, we may seek a written confirmation from you concerning your obligation to indemnify us. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that any of our services may be discontinued at any time for any reason without notice to you and without refund to you for any costs or fees associated with those services. You agree that in the instance that any or all of our services are discontinued that you agree to release, defend, indemnify, and hold harmless Jumpin Jams Music & More, and its owners, operators, contractors, agents, employees, officers, directors, shareholders and affiliates from and against any losses, damages, or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with us whether or not on your behalf, and whether or not with your permission) use of the discontinued or still active services provided by us. You specifically agree that our promotional program is finite and may end at any time without prior notice or obligation to you and disclaim and indemnify us against any and all losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand associated with the termination of any promotional program at any time for any reason.
REPRESENTATIONS AND WARRANTIES
You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the information being registered will not be used in connection with any illegal activity. You agree that we make no representations or warranties or any kind in connection with this agreement and specifically make no guarantee to you against the possibility of discontinuation of any service (including promotional programs) provided by us. We expressly reserve the right to deny, cancel or transfer any registration that we deem necessary, in our sole discretion, to protect our stability and safety, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of us. We also reserve the right to cancel any registration at any time for any reason.
SEVERABILITY
You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect. You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and us regarding the services contemplated here.
NOTICES
You agree that all notices from us to you will be delivered either via posting on our website, or via e-mail to an e-mail address that you have provided. We are not responsible for failure of you to receive any notice that we have attempted to send. You agree that all notices from you to us will be delivered via e-mail to support ~ jumpinjams.com and that we are not liable for any failure to receive such notice for any reason.
For information on our privacy policy, click here.
AGREEMENT
This is an agreement between "you", Jumpin Jams Music & More, and all of its owners, operators, contractors, agents, employees, offices, directors, shareholders and affiliates. This agreement explains the basis upon which any business, interactions, or transactions between you and Jumpin Jams Music & More and/or all of its owners, operators, contractors, agents, employees, offices, directors, shareholders and affiliates will take place and our responsibilities toward each other.
The term "you" shall refer to yourself.
To complete any transaction with us, or our affiliates as they relate directly to us, you must read this entire agreement, as well as our dispute policy and agree to be bound by all the terms and conditions. You agree that we may modify this agreement in order to comply with applicable law and the terms and conditions under which we choose to operate.
In consideration for the services and products ("service") purchased by you and provided to you by us, you agree to pay us at the time product is provided. Payment is to be made by you providing a valid credit card for charge by us, or our affiliate billing agency, and is non-refundable. If for any reason we are unable to charge your credit card with the full amount owed us for the service provided, or if we are charged back for any fee we previously charged to the credit card you provided, you agree that we may pursue all available remedies in order to obtain payment. If payment is not made by credit card, payment may also be made in the form of a personal or business check or money order. If such check does not clear the bank and it is returned, you agree to Pay Jumpin Jams Music & More the amount originally due plus an additional $50.00 returned check fee.
GENERAL
This site is owned and operated by Jumpin Jams Music & More. Jumpin Jams Music & More has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.
EQUIPMENT
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.
RESTRICTION OF SERVICES; RIGHT OF REFUSAL
You agree not to use the services provided by us, or to allow or enable others, to use the services provided by us for the purposes of: The transmission of unsolicited e-mail (SPAM). You agree that in any posting of information regarding our website, services, or products or any information posted in regards to us that you will include the notification that you are in no way affiliated with us, our products, our services, or our website. Failure to do so may constitute defamation and compensatory damages may be sought at your sole expense. If we catch you spamming at all, you will be terminated from the lists, and site with no refunds or notification. We take spam very serious. You agree that we, in our sole discretion and without liability to you, may refuse to accept the registration for services from any party at any time for any reason. We also may in our sole discretion and without liability to you delete the registration for any services, products, or transactions from us by you or on your behalf within a period of (1) year after such registration was made. We may also cancel, at any time, any obligation we may have to you should we discover that you have in any way used our service, network, logo, name, or reference in association with SPAM or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way, or is otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law.. In the event that we see you're harassing us, or threatening us in anyway, we will refuse or terminate any service, product, or transaction that you are part of, and no refund(s) will be provided to you.
You shall use the site for lawful purposes only. Without Jumpin Jams Music & More express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in Jumpin Jams Music & More discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.
The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software; photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of Jumpin Jams Music & More and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made and no ownership rights shall be transferred.
You shall not e-mail, upload, post or otherwise make available on the site any material protected by the copyright, trademark, or other proprietary right without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. Subject to Jumpin Jams Music & More policies regarding privacy, any e-mails, notes, message/billboard/forum postings, ideas, suggestions, concepts or other material submitted will be treated as non-confidential and non-proprietary and will become the property of Jumpin Jams Music & More throughout the universe. By submitting material to Jumpin Jams Music & More, you automatically grant, or warrant that the owner of such material has expressly granted Jumpin Jams Music & More the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, and store or reproduce the material for that user's personal use. You grant Jumpin Jams Music & More the right to edit, copy, and display, publish and distribute such material.
The foregoing provisions are for the benefit of Jumpin Jams Music & More, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
You agree that our entire liability to you under this agreement, and your only remedy, in connection with any service provided by us to you under this agreement, and for any breach of this agreement by us, shall be limited to one-tenth of the amount of any fees you paid to us for the service in contention. WE AND OUR AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF OUR SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, OUR LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
WE EXPRESSLY DISCLAIM 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. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE DO NOT WARRANTY ANY MERCHANDISE, SERVICE (INCLUDING ANY PROMOTIONAL PROGRAMS), OR PRODUCT THAT YOU MAY RECEIVE FROM US.
WE DISCLAIM ANY LOSS OR LIABILITY RESULTING FROM:
Access delays or interruptions to our web site or billing/registration system data non-delivery or mis-delivery between you and us events beyond our control (i.e. acts of God) the loss of registration or processing of a transaction the failure for whatever reason to continue to provide any services or promotional programs the unauthorized use of your account with us or any of the services provided to you by us errors, omissions or misstatements deletion of, failure to store, or failure to process or act upon e-mail messages processing of updated information to your registration record errors taking place with the acquisition of your application errors taking place with regard to the processing of your application failure or discontinuation of our payment processor(s) or any results caused because of such failure or discontinuation any act or omission caused by you or your agent (whether authorized by you or not)
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER JUMPIN JAMS MUSIC & MORE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR FROM THE INFORMATION CONTAINED THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE IS NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED. YOU SPECIFICALLY ACKNOWLEDGE THAT JUMPIN JAMS MUSIC & MORE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES OVER WHICH IT HAS NO CONTROL.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL JUMPIN JAMS MUSIC & MORE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. THIS DOES NOT AFFECT ANY STATUTORY RIGHTS WHICH MAY NOT BE DISCLAIMED.
MONITORING
Jumpin Jams Music & More shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, Jumpin Jams Music & More shall have the right to remove any material that Jumpin Jams Music & More, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
TRADEMARKS
Jumpin Jams Music & More and each of their logos are trademarks of Jumpin Jams Music & More. All rights reserved. All other trademarks appearing on the site are the property of their respective owners.
THIRD PARTY CONTENT
Jumpin Jams Music & More is not a publisher of content supplied by third parties and users of the site. Accordingly, Jumpin Jams Music & More has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of Jumpin Jams Music & More. In some instances, the content available through the site represents the opinions and judgments of the respective information provider or user. Jumpin Jams Music & More neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized Jumpin Jams Music & More employee spokespersons while acting in their official capacities.
VIRUSES
Jumpin Jams Music & More also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
EXPORT CONTROL
Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Jumpin Jams Music & More does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.
BUSINESS ASSOCIATES
The business associates of Jumpin Jams Music & More identified on this Site are independent contractors of Jumpin Jams Music & More. The business associates are not joint venturers or partners of Jumpin Jams Music & More. No employee or representative of the business associates is under the control of Jumpin Jams Music & More.
CHANGED TERMS & MODIFICATIONS
Jumpin Jams Music & More has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.
The terms of this agreement shall continue in full force and effect as long as you have any relationship with Jumpin Jams Music & More. You agree that we may modify this agreement from time to time as little or often as we feel necessary. We may also discontinue at any time, any and all services we provide under this agreement. You agree to be bound by any changes we may make to this agreement when such changes become effective. Changes made to this agreement shall become active at the time they are posted to our website and become publicly accessible. Should you elect to cancel your agreement with us you will not receive a refund for any fees you may have paid to us. You agree that we shall not be bound by any representations made by third parties who you may use to purchase services or products from us, and that any statements of a general nature, which may be posted on our web site or be contained in our promotional materials, will not bind us.
MISCELLANEOUS
These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the State of Georgia, acknowledge that venue is proper in any state or Federal court in the State of Georgia, agree that any action related to these terms of use must be brought in a state or Federal court in the State of Georgia, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Jumpin Jams Music & More Web site incorporates links to other Web sites. Jumpin Jams Music & More does not in any way endorse, nor is it responsible for, the content on those other Web sites.
Specific questions regarding this policy may be addressed to SUPPORT ~ JUMPINJAMS.COM.
UP TO DATE INFORMATION; USE OF INFORMATION
It is your responsibility to keep yourself informed about this information in a current and accurate status. Failure by you, for whatever reason, to provide us with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by us to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement. You agree that your personal and personally identifiable information may be surrendered to law enforcement agencies if a request for such surrender is made of us.
DISPUTE RESOLUTION POLICY
You agree to be bound by our Dispute Resolution Policy. We will not participate in any way in any dispute between you and any party other than us regarding any business that you may have conducted with us. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate by us at your expense and to take any other action necessary to defend ourselves. You agree to review our web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with us as a result of the modified Dispute Resolution policy no fees will be refunded to you. You agree that if a dispute arises as a result of one or more services, transactions, or products that you have received or contracted to receive through us, that you will indemnify, defend and hold us harmless as provided for in this agreement. You also agree that if we are notified that a complaint has been filed with a governmental, administrative or judicial body, regarding any services, products, or transactions received from us or entered into with us by you or anyone acting on your behalf, that we, in our sole discretion, may take whatever action we deem necessary to resolve such claim. In this event you agree to hold us harmless for any action taken by us to resolve such claim, or for such claim itself.
SUSPENSION OF SERVICES; BREACH OF AGREEMENT
You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by us are subject to cancellation or suspension in the event there is an unresolved breach of this agreement and that no fees paid to us will be refunded. You agree that your failure to comply completely with the terms and conditions of this agreement and any of our rules or policies may be considered by us to be a material breach of this agreement and that we may provide you with notice of such breach either in writing or electronically (i.e. e-mail). In the event you do not provide us with material evidence that you have not breached your obligations to us within ten (10) business days, we may terminate our relationship with you and take any remedial action available to us under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of services contracted for by you or on your behalf with us and discontinuing any services provided by us to you. No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. Our failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.
INDEMNITY
You agree to release, defend, indemnify and hold harmless Jumpin Jams Music & More and its owners, operators, contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with us whether or not on your behalf, and whether or not with your permission) use of the services provided by us. Should we be notified of a pending law suit, or receive notice of the filing of a law- suit, we may seek a written confirmation from you concerning your obligation to indemnify us. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that any of our services may be discontinued at any time for any reason without notice to you and without refund to you for any costs or fees associated with those services. You agree that in the instance that any or all of our services are discontinued that you agree to release, defend, indemnify, and hold harmless Jumpin Jams Music & More, and its owners, operators, contractors, agents, employees, officers, directors, shareholders and affiliates from and against any losses, damages, or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with us whether or not on your behalf, and whether or not with your permission) use of the discontinued or still active services provided by us. You specifically agree that our promotional program is finite and may end at any time without prior notice or obligation to you and disclaim and indemnify us against any and all losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand associated with the termination of any promotional program at any time for any reason.
REPRESENTATIONS AND WARRANTIES
You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the information being registered will not be used in connection with any illegal activity. You agree that we make no representations or warranties or any kind in connection with this agreement and specifically make no guarantee to you against the possibility of discontinuation of any service (including promotional programs) provided by us. We expressly reserve the right to deny, cancel or transfer any registration that we deem necessary, in our sole discretion, to protect our stability and safety, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of us. We also reserve the right to cancel any registration at any time for any reason.
SEVERABILITY
You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect. You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and us regarding the services contemplated here.
NOTICES
You agree that all notices from us to you will be delivered either via posting on our website, or via e-mail to an e-mail address that you have provided. We are not responsible for failure of you to receive any notice that we have attempted to send. You agree that all notices from you to us will be delivered via e-mail to support ~ jumpinjams.com and that we are not liable for any failure to receive such notice for any reason.
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Terms Of Use & Agreements (for website)
Copyright 2006 - Jumpin Jams Music & More - All Rights Reserved
