JOOLA NORTH AMERICA, LLC WEB SITE AGREEMENT
The joolausa.com Web Site (the “Site”) is an online information service provided by JOOLA North America, LLC (“joolausa.com “), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. joolausa.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. COPYRIGHT, LICENSES AND IDEA SUBMISSIONS.
The entire contents of the Site are protected by U.S. and international copyright and trademark laws. The owner of the copyrights and trademarks are joolausa.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree that by submitting any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) to any joolausa.com public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to joolausa.com by all means and in any media now known or hereafter developed, you expressly waive all rights you have in such materials or ideas. As such, joolausa.com may use such materials or ideas without any liability to you. You also grant to joolausa.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto and waive any and all of your publicity and privacy rights with respect to same. You agree that you shall have no recourse against joolausa.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to joolausa.com.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or service marks of joolausa.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners. If you violate any part of this Agreement, your permission to use the Site automatically terminates and you must immediately destroy any copies you have made of any of the content.
2. USE OF THE SITE.
You understand that, except for information, products or services clearly identified as being supplied by joolausa.com, joolausa.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for joolausa.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with joolausa.com. You also understand and acknowledge that joolausa.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. joolausa.com PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND AS AVAILABLE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE (AS DEFINED BELOW), ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND joolausa.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. joolausa.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND AND ACKNOWLEDGE FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. joolausa.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL joolausa.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF joolausa.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, joolausa.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
joolausa.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-joolausa.com web site, please understand that it is independent from joolausa.com, and that joolausa.com has no control over the content on that web site. In addition, a link to a joolausa.com web site does not mean that joolausa.com endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless joolausa.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. THIRD PARTY RIGHTS.
The provisions of paragraphs 2 (Use of the Site), and 3 (Indemnification) are for the benefit of joolausa.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. TERM; TERMINATION.
This Agreement is perpetual, provided the Site is in operation and may be terminated by you for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. INTERNATIONAL USE.
While the Site may be accessible worldwide, joolausa.com makes no representations that content thereon or Services provided through the Site are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content or Services are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all local import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Site. Any offer for any Service, and/or information made in connection with the Site is void where prohibited.
The Site may offer various services for sale (collectively “Services”), or direct or link to other Web sites that sell goods and services. In order to request Services from the Site you must be at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside. By placing such an order for Services, you represent and warrant that you are at least 18 years-of-age or older or have reached the age of majority in the jurisdiction in which you live or reside. joolausa.com reserves the right to discontinue Services without notice, even if you have already placed your order. The inclusion of any Services on the Site at a particular time does not imply or warrant that these Services will be available at all times.
joolausa.com tries to assure the accuracy of all information displayed on the Site, but it is possible that the information contains errors, inaccuracies, or omissions. You accept full responsibility for your use of the Site. In particular, with respect to merchandize offered on the Site (collectively “Merchandise”), we have tried to accurately display colors, but depending on the specifications and settings of your computer and its monitor the colors you see might not accurately depict the actual colors of the Merchandise. Minor color variations will not be considered as resulting in Merchandise being deemed defective. In addition, due to typical and very common manufacturing inconsistencies, Merchandise weights and measurements can vary slightly from the specific information set forth on the Site. Minor variations in Merchandise weighs and measurements will not be considered as resulting in Merchandise being deemed defective.
All Service prices are shown in U.S. dollars, and are valid and effective for all Services ordered through the Site on the day they are ordered. All prices are subject to change without notice.
joolausa.com has no responsibility or liability whatsoever for services you may obtain from or through other Web sites or Web pages, even if you were directed or linked to such a site or page through the Site. Moreover, joolausa.com is not responsible in any manner for assisting you in correcting any problem you may experience with such services. You acknowledge and agree that your sole and exclusive remedy for defective third party services lies with the specific manufacturer, licensor or distributor of the services and not joolausa.com. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, joolausa.com EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL THIRD PARTY SERVICES.
You are responsible for any taxes imposed on the sale or use of Services and applicable taxes will be added to the amount charged for Services purchased on the Site. You agree to indemnify, defend and hold joolausa.com, its affiliates and its and their respective officers, directors, employees, agents, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from your failure to pay any taxes to the proper governmental authorities.
8. ADS AND MALWARE.
joolausa.com takes great care and pride in creating the Site. joolausa.com are always on the lookout for technical glitches that effect how the Site operates. When joolausa.com find them on its end, it will fix them. Unfortunately, your home computer may cause some glitches that effect how you see the Site — and that is totally beyond joolausa.com’s control.
If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware — short for MALicious softWARE — is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner’s knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Site and on other sites that you visit. If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.
9. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
joolausa.com respects the intellectual property of others, and we ask you to do the same. Accordingly, joolausa.com has adopted the following Copyright Compliance Policy. If you or any user of the Site believes its copyright has been infringed, the copyright owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
a. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
b. Identification of the copyrighted work claimed to have been infringed;
c. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s copyrighted work that is to be removed and information reasonably sufficient to permit us to locate such materials;
e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrighted work that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
On notice, joolausa.com will act expeditiously to review and if necessary to remove content on the Site that infringes the copyrights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly infringe the intellectual property rights of others. Any such removal will be without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and others, very seriously.
This Agreement shall all be governed and construed in accordance with the laws of the State of Maryland applicable to agreements made and to be performed in Maryland without regard to its conflict of law principles. You agree that any legal action or proceeding between joolausa.com and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Maryland, and agree you will not object to such exclusive jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that . joolausa.com has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. joolausa.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. joolausa.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT OF THE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.
Any rights not expressly granted herein are reserved.