JamBios, Inc. ('JamBios') grants User permission to access and use the Site as set forth in these Terms, provided that:
User agrees to comply with all applicable local, national, and international laws and regulations. User agrees not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Site in a manner that sends more request messages to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. User understands that the site is not for use by anyone under the age of 13 and agrees not to create an account unless User is thirteen years of age or older. User agrees not to circumvent, disable or otherwise interfere with security-related features of the site or features that prevent or restrict access of other Users or sponsors content for which they have not been granted permission. JamBios reserves the right to discontinue any aspect of the Site at any time. In addition, User agrees to the following Terms: The term 'User' applies to all Users of the site, including Users who create content as a JamBios writer, contributor, reader or sponsor. The Site may contain links to third-party websites that are not owned or controlled by JamBios and for which JamBios has no control and assumes no responsibility for the content, privacy policies, or practices. By using the Site, User expressly relieves JamBios from any and all liability arising from Users’ use of any third-party website. User agrees to keep their account password secure and is solely responsible for content in their account. User will notify JamBios immediately of any breach of security or unauthorized use of their account. User understands and agrees that JamBios will not be liable for losses caused by any unauthorized use of User’s account and User may be liable for the losses to JamBios or others due to such unauthorized use.
User agrees not to use multiple accounts for any malicious activity and understands that to do so will result in immediate account termination.
JamBios reserves the right to terminate any account without notice. User hereby releases JamBios, its officers, employees, agents and successors from any claims, demands, and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Users or sponsors.
In addition to the general terms above, the following restrictions and conditions apply specifically to JamBios-created content and User-generated content on the Site.
The content on the Site, except User-generated content, including without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to JamBios, subject to copyright and other intellectual property rights under the law. Content on the Website provided by JamBios is provided AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of JamBios.
Users may access their own content and content for which they have been granted contributor or reader access for their own personal use and as intended through normal functionality of the Site. User further agrees not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of other User's generated content through the Website for any commercial purposes without the permission of the creator of the content.
JamBios is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to User-generated content by other Users. User further understands and acknowledges that User may be exposed to other Users’ content that is inaccurate, offensive, indecent, or objectionable, and User agrees to waive, and hereby does waive, any legal or equitable rights or remedies User has or may have against JamBios with respect thereto, and agree to indemnify and hold JamBios, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Users’ use of the site.
User affirms, represents, and/or warrants that: User owns or has the necessary licenses, rights, consents, and permissions to use and authorize JamBios to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User submitted content. User retains all ownership rights in content submitted to the Site by User. However, by submitting content, User hereby grants JamBios a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display the User content in connection with the Site. User also hereby grants each other Site User assigned as a Contributor or Reader of User's content a non-exclusive license to access User's content through the Site. User understands and agrees, however, that JamBios may retain, but not display, distribute, or perform, copies of User content that have been removed or deleted.
In connection with User content, User further agrees not to submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless User is the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant JamBios all of the license rights granted herein. JamBios does not endorse any User content or any opinion, recommendation, or advice expressed therein, and JamBios expressly disclaims any and all liability in connection with User-generated content. JamBios does not permit copyright infringing activities and infringement of intellectual property rights on the site and JamBios will remove all User-generated content if properly notified that such content infringes on another's intellectual property rights or contravenes any applicable privacy legislation. JamBios reserves the right to remove User content without prior notice. JamBios will terminate a User's access to the site if, under appropriate circumstances, the User is determined to be an infringer.
JamBios reserves the right to decide whether User-generated content is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material. JamBios may remove such User-generated content and/or terminate User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
USER AGREE THAT THE USE OF THE JAMBIOS SITE SHALL BE AT THE USER'S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JAMBIOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE SITE AND USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. JAMBIOS MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM USER'S ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF JAMBIOS SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM JAMBIOS WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH JAMBIOS WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JAMBIOS SITE. JAMBIOS EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. JAMBIOS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JAMBIOS SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY ADVERTISING OR SPONSORSHIP, AND JAMBIOS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USER SHOULD USE BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED. IN NO EVENT SHALL JAMBIOS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM USER ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF JAMBIOS' SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JAMBIOS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. USER SPECIFICALLY ACKNOWLEDGE THAT JAMBIOS SHALL NOT BE LIABLE FOR USER-GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USER. User agrees to defend, indemnify and hold harmless JamBios, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) use of and access to the JamBios Site; (ii) violation of any term of these Terms; (iii) violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of User's added content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and Users use of the JamBios Site.
The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by JamBios without restriction.
These Terms shall constitute the entire agreement between User and JamBios concerning the JamBios Site. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and JamBios's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. JamBios reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms for any changes. User's use of the JamBios Site following any amendment of these Terms of Service will signify User’s assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, USER AND JAMBIOS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JAMBIOS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.