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Jivelo.com Terms of Use Agreement
Jivelo.com is a social review service provided by Jivelo.com, plc, 28 Church Road, Stanmore, Middlesex HA7 4XR, United Kingdom that offers a web-based service that allow Members to create and update their own weblogs and create unique personal profiles. The service offered by Jivelo.com ("Jivelo.com" or "we") include the Jivelo.com website (the "Jivelo Website") and any other features, content, or applications offered from time to time by Jivelo.com in connection with the Jivelo Website (collectively, the "Jivelo Services"). The Jivelo Services are hosted in the U.S.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Jivelo Services. By using the Jivelo Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Jivelo Website) or you are a "Member" (which means that you have registered with Jivelo.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the Jivelo Services if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Jivelo Website and discontinue use of the Jivelo Services immediately. If you wish to become a Member, communicate with other Members and make use of the Jivelo Services, you must read this Agreement and indicate your acceptance during the Registration process.
This Agreement includes Jivelo.com\'s policy for acceptable use of the Jivelo Services and Content posted on the Jivelo Website, your rights, obligations and restrictions regarding your use of the Jivelo Services and Jivelo.com\'s Privacy Policy. In order to participate in certain Jivelo Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Jivelo Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@jivelo.com, Subject: Terms of Use Agreement.
Jivelo.com may modify this Agreement from time to time and such modification shall be effective upon posting by Jivelo.com on the Jivelo Website. Jivelo will inform Members by email about such modifications. If you do not agree with such modification you have the right to terminate your membership with Jivelo. You agree to be bound to any changes to this Agreement when you use the Jivelo Services after the modification has been posted for at least one month. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Data protection and usage. We know your personal information is yours, not ours.
When you create an account we will ask you for information such as your nickname. first name, sex, email address, year of birth, country and city. The only details which automatically appear on your profile are your nickname, your sex, and city and country.
You may also add info, pictures, weblogs (experiences) and an avatar to your profile, which may be viewed by anyone depending on the privacy settings on Jivelo.com. Weblogs that you mark as “no one” will not identify you or display any information about you.
We use small text files called \'cookies\' to allow you to sign back in to our site quickly and easily and to help personalise your experience. Cookies contain information that we can read when you revisit us. Most web browsers automatically accept cookies, but you can usually change your settings to reject them. If you do that, you may not be able to use some of our cool features which depend on cookies.
We may keep a copy of emails that you send to us to help us deal with your questions and improve the way we do things.
No-one else will see your personal information unless we ask you first and we promise not to use any of your personal stuff for any service or purpose other than what you want us to provide. The only exception to this rule is where we believe that the use or disclosure is necessary to comply with a law or regulation, to enforce these terms and conditions, or to enable us to provide our services.
Limited license. Jivelo grants you a limited license to access and use the Site subject to the terms and conditions of this TOU. However, this license does not allow you to make any commercial use or any derivative use of this Site (including any of its individual elements or content), except as may otherwise be permitted herein from time to time.
You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Jivelo\'s trademarks, logos or other proprietary information (including any Materials (defined below), the content of any text, or the layout and design of any page or form contained on a page) without Jivelo\'s express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a Jivelo name, trademark, URL, or product name without Jivelo\'s express written consent.
Please choose carefully the information you post on Jivelo.com and that you provide to other Users. Your Jivelo.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or lewd, excessively violent, harassing, sexually explicit or otherwise
You understand that all information, data, text, software, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not Jivelo, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via this Site or the Services. Jivelo does not control the Content posted via this Site or the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The user posting any Content represents that such user has all rights necessary to post such Content without violation of any intellectual property or other rights or any laws or regulations.
You understand that by using Jivelo.com or the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Jivelo be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via this Site or the Services. You acknowledge that Jivelo does not pre-screen Content, but that Jivelo and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via this Site or the Services. Without limiting the foregoing, Jivelo and its designees shall have the right to remove any Content that violates this TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Jivelo or submitted to Jivelo. You acknowledge and agree that Jivelo may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU or any additional Terms of Service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Jivelo, its users and the public.
You understand that the technical processing and transmission of the Software and the Services, and Content you have submitted through the Services, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Jivelo.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Jivelo Services at any time, particularly in cases listed under clause 7 of these Terms of Use, with or without prior notice. Liability is limited to the maximum extent permitted by law according to clauses 11 and 12 of these Terms of Use in such a case.
1. Eligibility.
Use of and Membership in the Jivelo Services is void where prohibited. By using the Jivelo Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Jivelo Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age.
2. Term and Termination.
a) This Agreement shall remain in full force and effect while you use the Jivelo Services or are a Member.
b) You may terminate your Membership at any time, for any reason, by emailing Jivelo.com at info@jivelo.com. Jivelo.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
3. Fees.
Jivelo.com reserves the right to alter, to depart from or to cease offering its services free of charge at any time, taking into account Jivelo.com’s legitimate interests and reasonable consumer expectations. Jivelo.com will inform Members by email if a service is to be offered in the future for a fee. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has posted been posted for at least one month will be considered acceptance of the proposed fee modification. The same applies if fees are raised by Jivelo.com. If Jivelo.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
4. Password.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, nickname, or password of another Member at any time or to disclose your password to any third party. You agree to notify Jivelo.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Proprietary Rights in Content on Jivelo.com.
1. Jivelo.com does not claim any ownership rights in the text, files, images, photos, works of authorship, or any other materials (collectively, "Content") that you post to the Jivelo Services. After posting your Content to the Jivelo Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the Jivelo Services, you hereby grant to Jivelo.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Jivelo Services. Without this license, Jivelo.com would be unable to provide the Jivelo Services. The license you grant to Jivelo.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to Jivelo.com), fully-paid and royalty-free (meaning that Jivelo.com is not required to pay you for the use on the Jivelo Services of the Content that you post), sublicensable (so that Jivelo.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Jivelo Services), and worldwide (because the Internet and the Jivelo Services are global in reach). This license will terminate at the time you remove your Content from the Jivelo Services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the Jivelo Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Jivelo Services does not violate the privacy rights, publicity rights, intellectual property rights (including copyrights), contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Jivelo Services.
3. The Jivelo Services contain Content of Jivelo.com ("Jivelo.com Content"). Jivelo.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Jivelo.com owns and retains all rights in the Jivelo.com Content and the Jivelo Services. Jivelo.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Jivelo.com Content (excluding any software code) solely for your personal use in connection with viewing the Jivelo Website and using the Jivelo Services.
4. The Jivelo Services contain Content of Users and other Jivelo.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Jivelo Services.
6. Content Posted.
1. Jivelo.com may delete any Content that in the sole judgment of Jivelo.com violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Jivelo.com assumes no responsibility for monitoring the Jivelo Services for inappropriate Content or conduct. If at any time Jivelo.com chooses, in its sole discretion, to monitor the Jivelo Services, Jivelo.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the Jivelo Services, and any material or information that you transmit to other Members and for your interactions with other Users. Jivelo.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Jivelo.com prior to posting and does not necessarily reflect the opinions or policies of Jivelo.com. Jivelo.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Content/Activity Prohibited.
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Jivelo Services. Jivelo.com reserves the right to investigate and take appropriate legal action against anyone who, in Jivelo.com\'s sole discretion, violates this provision, including without limitation, removing the offending communication from the Jivelo Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Jivelo.com:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person\'s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone\'s privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person\'s consent; or
The following is a partial list of the kind of activity that is illegal or prohibited on the Jivelo Website and through your use of the Jivelo Services. Jivelo.com reserves the right to investigate and take appropriate legal action against anyone who, in Jivelo.com\'s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
15. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
16. advertising to, or solicitation of, any Member to buy or sell any products or services through the Jivelo Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Jivelo Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Jivelo.com reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Jivelo.com deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email or other unsolicited communications of any kind through the Jivelo Services, you acknowledge that you will have caused substantial harm to Jivelo.com, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Jivelo.com £25 for each such unsolicited email, advertisement, junk emails or chain letters or other unsolicited communication you send, acting culpably, through the Jivelo Services, regardless of the number of recipients of such email. Jivelo.com is entitled to additional compensation of damages beyond £25. You have the right to prove that Jivelo.com’s damages are below £25;
17. covering or obscuring the banner advertisements on your personal profile page, or any Jivelo.com page via HTML/CSS or any other means;
18. any automated use of the system, such as using scripts to add friends or send comments or messages;
19. interfering with, disrupting, or creating an undue burden on the Jivelo Services or the networks or services connected to the Jivelo Services;
20. attempting to impersonate another Member or person;
21. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
22. selling or otherwise transferring your profile;
23. using any information obtained from the Jivelo Services in order to harass, abuse, or harm another person;
24. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Jivelo Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose,
25. using the Jivelo Services in a manner inconsistent with any and all applicable laws and regulations.
8. Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Jivelo.com to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Jivelo.com by the copyright owner or the copyright owner\'s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Jivelo Services in a way that constitutes copyright infringement, please provide Jivelo.com with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Jivelo Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner\'s behalf.
9. Member Disputes.
You are solely responsible for your interactions with other Jivelo.com Members. Jivelo.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Privacy.
Use of the Jivelo Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
11. Liability Disclaimer.
Jivelo.com will not be responsible for any incorrect or inaccurate Content posted on the Jivelo Website or in connection with the Jivelo Services, whether caused by Users of the Jivelo Services or by any of the equipment or programming associated with or utilized in the Jivelo Services. Profiles created and posted by Members on the Jivelo Website may contain links to other websites. Jivelo.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Jivelo.com. Inclusion of any linked website on the Jivelo Services does not imply approval or endorsement of the linked website by Jivelo.com. When you access these third-party sites, you do so at your own risk. Jivelo.com takes no responsibility for third party advertisements which are posted on this Jivelo Website or through the Jivelo Services, nor does it take any responsibility for the goods or services provided by its advertisers. Jivelo.com is not responsible for the conduct, whether online or offline, of any User of the Jivelo Services.
In addition, Jivelo.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Jivelo.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Jivelo Services or combination thereof.
12. Exclusion of Warranty.
The Jivelo Services are provided "AS-IS" and as available. Jivelo.com does not warrant of timely, secure, error- and interruption-free provision of Jivelo Services. Jivelo.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Jivelo.com cannot guarantee and does not promise any specific results from use of the Jivelo Services. The exclusion of warranties does not affect your right of withdrawal.
13. Indemnity.
You agree to indemnify and hold Jivelo.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys\' fees, made by any third party due to or arising out of your use of the Jivelo Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Jivelo Website or through the Jivelo Services causes Jivelo.com to be liable to another, provided that this was caused by culpable conduct.
14. Other.
This Agreement is accepted upon your use of the Jivelo Website or any of the Jivelo Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Jivelo.com regarding the use of the Jivelo Services. The failure of Jivelo.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Jivelo.com is a trademark of Jivelo, plc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: Contact Jivelo with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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