Jig-A-World Website Terms & Conditions
This version is in effect since March 25, 2008
AGREEMENT BETWEEN YOU AND JIG-A-WORLD
Jig-A-World Inc. ("Jig-A-World") welcomes you to its Website. HOWEVER, YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING SINCE YOUR ACCESS TO THE WEBSITES LOCATED AT www.jigaworld.com, www.jigaloo.com and www.jigapatch.com (COLLECTIVELY, THE "SITE") IS SUBJECT TO THIS AGREEMENT. BY VISITING OR USING THIS SITE YOU AGREE ON YOUR OWN BEHALF, AND ON BEHALF OF ANY ENTITY ON WHOSE BEHALF YOU ACT, TO ACCEPT AND ABIDE BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE AND ITS CONTENT.
MODIFICATION OF THESE TERMS OF USE
Jig-A-World reserves the right from time to time, in its sole discretion, to add, remove, modify or otherwise change any part of this Agreement without specific advance notice to you. The latest Agreement will be posted on this Site, and you are responsible for periodically reviewing the Agreement prior to using the Site. If any term, condition or any change thereto is not acceptable to you, you must discontinue your use of this Site and any of its content immediately. Access to this Site or use of this Site after any amendments have been posted shall constitute your acceptance of the amended terms and conditions. You may not modify this Agreement in any manner.
COPYRIGHTS AND TRADE-MARKS
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, software or code, information, products, trade-marks, logos, trade names and any and all material contained on this Site (collectively, the "Content") including the manner in which the Content is presented or appears and all information relating thereto, are protected under applicable copyright, trade-marks and other proprietary rights and are the property of Jig-A-World or its respective owners, as the case may be. You do not acquire ownership rights or any implied right to any Content obtained through this Site.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Site is for your personal and non-commercial use exclusively. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the Content from the different areas of the Site solely for your own non-commercial use. Any other use of the Content on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the Content of this Site, without prior written permission of Jig-A-World is strictly prohibited.
PROHIBITED USES
You may not, nor may you allow others to, directly or indirectly: (i) remove from any copy of the Content, the copyright or other proprietary notices contained in the Content; (ii) sell, modify or attempt to modify the Content in any way or reproduce, copy, publicly display, transmit, perform, distribute, create derivative work or otherwise use any Content for any public, commercial or non-personal purpose, including without limitation use of the Content on any other website; (iii) use this Site in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site or any products, services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through this Site; iv) frame, mirror, scrap or data-mining of this Website or any of its Content in any form and by any means; or v) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites, or any products or services thereof.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to use of or activities on this Site or in respect of the Content. Jig-A-World will investigate occurrences which may involve violations of such laws and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
POSTED INFORMATION AND SUBMISSIONS
This Site may provide features that allow you to post messages and content, to interact with Jig-A-World and other users through a message board and to upload files, documents or other materials (collectively, the "Submissions"). When using any of the features of the Site which allow you to post, upload or make Submissions, it is a condition of your use of this Site that you agree not to:
- restrict or inhibit any other user from using and enjoying this Site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of Jig-A-World imposes an unreasonable or disproportionately large load on the Jig-A-World website infrastructure;
- post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
- post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
- post or transmit any Submission that promotes racism, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 (or under the legal age in your jurisdiction if greater than 18 years of age) in a sexual or violent manner, provides instructional information about illegal activities;
- delete or revise any content posted by any other person or entity;
- post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses;
- post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or
- use the Site for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter and/or advertising.
By posting or uploading Submissions to this Site, you grant Jig-A-World a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Submissions for any purpose. In addition, you hereby (i) agree to waive all moral rights in any Submission in favour of Jig-A-World; (ii) consent to your name, address and e-mail appearing as the contributor of any Submission, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Submission; (iii) acknowledge and agree that Jig-A-World is not responsible for any loss, damage, or corruption that may occur to your Submissions; and (iv) acknowledge and agree that any Submissions you provide for display on this Site will be considered non-confidential.
Jig-A-World may review Submissions before they are posted and may refuse to post any Submission to this Site. Jig-A-World reserves the right, in its sole discretion, to edit or remove any Submission. You acknowledge and agree that Jig-A-World may, in its sole discretion, monitor this Site periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate this Site properly or to protect itself or other users of the Site. Any such disclosure shall be in accordance with Jig-A-World's Privacy Policy.
Jig-A-World is not responsible for the content of any Submission. Submissions represent the views and opinions of the person(s) posting the Submission and do not represent the views or opinions of Jig-A-World, its directors, officers or employees.
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Personal Information Privacy
Jig-A-World may in its discretion monitor your use of the Site. Jig-A-World collects, uses and discloses personal information in accordance with its Privacy Policy, which is incorporated by reference into this Agreement and available by clicking here. This Privacy Policy may be changed by Jig-A-World from time to time, in its sole discretion, without notifying or being liable to you or any other person by making an amended Privacy Policy accessible through the Site. Each time you use the Site, you consent to the collection, use and disclosure of your personal information by Jig-A-World according with the Privacy Policy as it then reads.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Jig-A-World, Jig-A-World has no control over these linked sites, all of which have separate terms and conditions of use, privacy and data collection practices, independent of Jig-A-World. Jig-A-World has no responsibility or liability for these independent policies or actions and is not responsible for the terms and conditions of use, privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore when you access such sites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third party sites. Links do not imply that Jig-A-World sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
CONTESTS
From time to time Jig-A-World may make contests available to users of the Site and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
DISCLAIMER
Jig-A-World makes no warranties or representations about the accuracy or completeness of this Site's Content or the content of any site or External Sites.
Jig-A-World does not filter content that children may view through our site, and they could receive content and materials from the Internet that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND ITS CONTENT, THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JIG-A-WORLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. JIG-A-WORLD DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JIG-A-WORLD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JIG-A-WORLD, ITS AFFILIATES, LICENSORS, SUPPLIERS OR THEIR RESPECTIVES DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF JIG-A-WORLD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Jig-A-World, its affiliates, officers, directors, employees, agents, licensors and suppliers (collectively, the "Indemnified Parties") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, sustained, incurred or paid by the Indemnified Parties, resulting from any violation of these terms and conditions or any activity related to your use of the Site and Content (including negligent or wrongful conduct), by you or any other person accessing the Site on your behalf. You will assist and co-operate as fully as reasonable required by the Indemnified Parties in the defence of any such claim or demand.
TERMINATION OF THIS AGREEMENT AND THE WEBSITE
If you breach any provision of this Agreement, we may prohibit you from using this Site. If this Agreement or your permission to use this Site is terminated by you or us for any reason, then (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of this Site and anything connected with, relating to or arising from that use; and (b) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time. The Sections related to Copyright and Trade-marks, Personal and Non-Commercial Use Limitation, Prohibited Uses, Posted Information and Submissions, Personal Information Privacy, Disclaimer, Limitation of Liability, Indemnification, Governing Laws, General survive indefinitely after the termination of this Agreement.
GOVERNING LAWS
Jig-A-World is a corporation under the laws of Canada. This Site is controlled, operated and administered by Jig-A-World from its offices located in the Province of Québec, Canada. This Agreement is governed by the laws of the province of Québec, Canada and the federal laws of Canada applicable therein and shall be treated in all respects as a Québec contract, without reference to the principle of conflicts of law. All disputes arising from or in connection with the Site and this Agreement shall be subject to the jurisdiction of the Québec courts. You attorn to the exclusive jurisdiction of the courts of the Province of Québec to finally adjudicate any legal proceeding arising out of or in connection with the Site and this Agreement. You agree not to export any of the Content accessible through this Site in violation of applicable export laws and regulations.
CONTACT US
If you have any comments or questions about this Agreement or your use of this Site, please contact us at info@jigaloo.com, by fax at (514) 768-4177 or send your questions or comments to Jig-A-World Inc., 1100 de Condé, Montréal, Québec, H3K 2E3, Canada.
GENERAL
This Agreement, as it may be amended from time to time and any and all other legal notices and policies on this Site, constitute the entire Agreement between you and Jig-A-World with respect to the use of this Site and the Content.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without effecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provisions in any other jurisdiction.
This Agreement shall enure to the benefit of and be binding upon you and Jig-A-World and our respective successors and permitted assigns. It is at the request of the parties that this Agreement and all other related documents are written in the English language; C'est à la demande des parties que la présente entente et tous les documents s'y rapportant sont rédigés en anglais. |
