Terms and Conditions
These Terms of Service (the “Agreement”) set forth the terms and conditions that apply to your use of the Web sites located at http://www.JAMBusinessNews.com, http://www.MICROMOBILEMEDIA.com, the JAM Studios site, the JAM Help Desk site, and services and materials offered thereon (the “Service”) which are offered to you by MICRO MOBILE MEDIA, LLC (“JAM”). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT JUST AS IF YOU HAD SIGNED IT. If you do not agree to be bound by this Agreement, please discontinue your use of the Service.
1. Restrictions on Use
While JAM offers numerous syndication news and content services, the Service at http://www.JAMBusinessNews.com is an independent online news service. It is accessible to you through a personal computer, or other access device at http://www.JAMBusinessNews.com (the “Site”) using a communications connection (e.g., modem and telephone line). As part of the Service, you will be provided with services that may include information, submission services, platform services, marketing tools, editorial content, and other computer services that JAM may decide to offer, subject to the terms hereof. Your use of the information and content on the Site is subject to the terms and conditions of the applicable license agreement that you or your employer has entered into with JAM (a License Agreement). You are responsible for all charges (e.g., telephone) associated with connecting to the Service through an available access number. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access the Service. The Service is owned and operated by JAM and its affiliated companies and may contain material that is derived in whole or in part from material supplied and owned by other sources. Such material is protected by copyright, trademark, and other applicable laws. Except to the limited extent set forth in the License Agreement, if at all, you may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Service, including but not limited to code and software (“Material”). You may download Material from the Service for your personal, non-commercial use only, solely to the extent set forth, if at all, in an applicable License Agreement and provided you keep intact all copyright and other proprietary notices and use the Material in accordance with all restrictions applicable to your use of the Service in general. In the event that you download Material from the Service, such Material is licensed to you by JAM and JAM does not transfer title to any such Material to you.
2. Membership Rules and Guidelines
If JAM provides to you a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and are fully responsible for all activities that occur under your password or account. You agree that you will immediately notify JAM of any unauthorized use of your password or account, or any other breach of security, and that you will log off of the Service at the end of each session to prevent fraud on your account by third parties.
JAM may choose to send you e-mail newsletters on a variety of topics – for example, informing you of membership benefits and features, letting you know of problems with the site or with services offered by JAM, or presenting you with the opportunity to buy selected products and services. You may start or stop receiving such e-mail newsletters at any time by sending an e-mail to an address that shall be designated for that purpose.
(d) Rules for Use of the Service
(1) Conduct Required for Use of the Service
By uploading files, press releases, pictures, video, inputting data, or engaging in any other form of communication (a “Communication”) through the Service you are granting JAM a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to (i) use, copy, sublicense, adapt, transmit, publicly perform, display, or create derivative works from any such Communication, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Communication. No Communication shall be subject to any obligation of confidence on the part of JAM other than credit card and personal financial information in the event JAM offered a service requiring payment.
JAMBusinessNews.com is pleased to hear from users and welcomes your comments regarding JAM programs and services. JAM has a long standing company policy that does not allow it to accept or to consider creative ideas, suggestions, or materials other than those it has specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by JAM employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send original creative materials. If, at our request, you send certain specific submissions (for example news or contest entries), or without a request from us you send creative suggestions, ideas, notes or concepts, news, press releases, video or other materials (collectively, “Materials”), they shall be deemed, and shall remain, the property of JAM, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Materials to JAM. Disclosure, submission, or offer of any Materials shall constitute an assignment to JAM of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Materials. JAM may edit, copy, publish, distribute, translate, and otherwise use in any medium any Materials that you forward to JAM and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Materials. JAM is and shall be under no obligation to: (1) maintain any of your or any user’s Materials in confidence; (2) to pay to you or any user any compensation for any Materials; or (3) to respond to any of your or any other user’s Materials.
4. Disclaimer of Warranties
THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. JAM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAMBUSINESSNEWS.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions in the Service, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Service, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Service, and any information sent or received in connection therewith, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
5. Limitation of Liability
IN NO EVENT SHALL JAM, ITS MEMBERS, PARENT OR SUBSIDIARY COMPANIES, OFFICERS, EMPLOYEES, AGENTS, OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, OR THE JAM REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF JAM OR ANY OF ITS MEMBER, PARENT OR SUBSIDIARY COMPANIES, OR AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT JAM, ITS MEMBERS, PARENT OR SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
You agree to defend, indemnify and hold harmless JAM, its parent companies, affiliates, subsidiaries and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any misrepresentation made by you in connection with your use of the Service; (b) any non-compliance by you with the terms and conditions of this Agreement; and (c) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Service, including the information obtained through the Service.
JAM may, in its sole discretion, terminate your use of the Service, or remove and discard any Communication transmitted by you, or information stored, sent, or received via the Service without prior notice and for any reason, including, but not limited to: (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, (iii) any other access or use of the Service except as expressly provided in this Agreement or an applicable License Agreement, (iv) any violation of the terms and conditions of this Agreement, an applicable License Agreement, or the rules and regulations relating to the use of, the software and/or data files contained in, or accessed through, the Service, or (v) tampering with or alteration of any of the software and/or data files contained in, or accessed through, the Service. Termination, suspension, or cancellation of this Agreement or the applicable License Agreement shall not affect any right or relief to which JAM may be entitled, at law or in equity. Upon termination of this Agreement or the applicable License Agreement, all rights granted to you will automatically terminate and immediately revert to JAM and its licensors.
The JAM logo and the logos of its Programs and Networks are trademarks of JAM and all other trademarks, service marks and trade names used on the Service are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of JAM or the owner of such trademark, service mark or trade name, except as explicitly permitted in Section 1 above.
10. Child Online Protection Act Notification
Subject to the terms and conditions of any applicable License Agreement, JAM reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. Continued use of the Service by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
12. Export Control Information
Unless otherwise specified, the materials on the Service are presented solely to provide information regarding and to promote JAM Services and other products available in the United States, its territories, possessions and protectorates. The Service is controlled and operated by JAM and a third party service provider from their respective offices within the United States of America. JAM makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Service is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in Delaware, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You agree that any action brought by you against JAM will be subject to binding arbitration at the sole discretion of JAM. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by JAM to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of JAM. Any assignment of the foregoing other than as provided for in this section shall be null and void, and of no force or effect. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any applicable License Agreement constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.