Terms of Service

Thank your for visiting Jargol.com. The Jargol.com website (the "Site") is provided by Jargol, Inc. ("Jargol") and its affiliates and subsidiaries for your use and enjoyment subject to the following terms and conditions. This Terms of Use and Service Agreement (the "Agreement") sets forth the terms and conditions for the use of the Site, including, but not limited to any forums, mailing lists, submissions and any current or future Site service or feature. PLEASE READ THE AGREEMENT CAREFULLY. By visiting the Site, you agree to the Agreement. If you do not agree to the terms and conditions set forth in the Agreement, please stop using the Site.

Modification of Agreement

Jargol reserves the right to modify or amend this Agreement from time to time and at any time without prior notice to you. All such changes shall appear on the Site. By accessing the Site and/or submitting any text, pictures or other content ("Content"), including, but not limited to, message-board postings, store or product reviews, after we post any changes or modifications to the Agreement you signify your acceptance to this Agreement as it has been modified or amended, whether or not you have reviewed any such changes.

User Conduct

You agree to use the Site for your personal and lawful use and purposes. You are prohibited from:
(a) posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, libelous, tortuous, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, profane, hateful, fraudulent, racially, ethnically or otherwise objectionable material or information of any kind, including, without limitation, any material or transmission that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law
(b) engaging in disruptive activities online, including, without limitation, use of excessive scripts, sound waves, scrolling, WAREZ, mp3 files, viruses, bots, worms, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality or any computer software or hardware or telecommunications equipment or any other similarly destructive activity or surreptitiously intercept or expropriate any system, data or personal information.
(c) posting on or transmitting through the Site any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, patent, trade secret, or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

Use and Monitoring of Content

The content on the Site is intended for entertainment purposes only. You acknowledge that the Site contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds and other material (collectively, "Content") that are protected by copyrights, trademarks or other proprietary and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. As between Jargol and you, Jargol is the sole owner of all Content on the Site, including, without limitation, all applicable U.S. and international copyrights, patents, trademarks and trade secrets, and other intellectual property rights thereto. Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Site or any portion thereof, for any purpose. Any and all Content on the Site is copyrighted under the U.S. copyright laws and Jargol owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, copy, remove, display, delete, augment, adapt, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as permitted by the fair use privilege under U.S. copyright laws, you may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission from the owner of such right.

Jargol is the final arbiter of acceptable behavior on the Site. Jargol reserves the right to modify or remove anything submitted to the Site, and to cancel any membership, at any time for any reason without prior notice. Jargol is not responsible for the Content posted by members or visitors on any area of the Site. You are solely and fully responsible for any Content that you post on any area of the Site. The opinions and views expressed by members or visitors do not necessarily represent those of Jargol and Jargol does not verify or endorse any Content submitted by members or visitors.

You understand that Jargol has no obligation to monitor any Content on the Site. However, Jargol reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any Content, in whole or in part, that in Jargol's sole and absolute discretion are objectionable or in violation of this Agreement. Jargol reserves the right to, and may from time to time, monitor any and all information and/or Content transmitted or received by the Site and/or Jargol, for operational and other purposes. Use of the Site constitutes consent to such monitoring. Monitoring will only occur for authorized purposes in accordance with Jargol's Privacy Policy.

Jargol attempts to provide the most accurate information possible. However, Jargol does not warrant that store descriptions, store information or any other Content on the Site is accurate, complete, reliable, current or error-free.

Limited License

By submitting any Content to the site, through forums, message boards, reviews, comments or any other communications with the Site and/or Jargol, you grant Jargol and its affiliates a non-exclusive, royalty-free, unrestricted, perpetual, irrevocable, world-wide, and fully sub-licensable right (including moral rights) to use, reproduce and license to use, reproduce, modify, translate, adapt, publish, create derivative works from, distribute, perform and display such content, including any information, suggestions, ideas, drawings or concepts contained in such content (in whole or in part), throughout the world in any medium or technology, now known or later developed. You grant the Site and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.

Such license includes the right of Jargol to incorporate any content posted or submitted by users in store reviews, descriptions or any other feature of the Site into any feature or service offered by the Site. You represent and warrant that you own or otherwise control all of the rights (including the moral rights) to the content that you post or submit and that you will remain responsible for the accuracy, copyright compliance, legality, decency or any other aspect of any submitted material or communication to Jargol. You agree to indemnify Jargol and/or its affiliates for all claims resulting from content you supply.

Only if you obtain prior written consent from Jargol-and from all other entities with an interest in the relevant intellectual property-may you publish, display or commercially exploit any material from the Site. To seek Jargol's permission, you may write to us at legal@jargol.com.

Member Accounts

Jargol welcomes everyone to become members and create an account in order to participate fully. The value of the Jargol community depends on its outstanding members. You will receive a password and account when you have completed the Account Information. You are responsible for maintaining the confidentiality of your password and account and for restricting access to your computer and you agree to accept full responsibility for all activities that occur under your password or account. You agree to immediately notify Jargol of any unauthorized use of your password or account or any other breach of security.

You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of any Content. Jargol reserves the right (but not the obligation) to remove or edit any Content but does not regularly review posted Content.

Age Limitation

Jargol does not permit anyone under the age of thirteen (13) to become members, post messages and access certain sections of the Site. As some of the Content provided by the Site may not be appropriate for anyone below the age of eighteen (18), Jargol, may, at its sole discretion, require users under eighteen (18) to obtain the consent of a parent or guardian to view certain content, and Jargol may limit access to certain content to users above a certain age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under eighteen (18), you may use the Site only with involvement of a parent or guardian.

Links to Third-Party Sites

This Site may contain hyperlinks to Web sites operated by parties other than Jargol. Such hyperlinks are provided for your reference only. Jargol does not control such Web sites and is not responsible for their contents. Jargol's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

You must seek Jargol's permission in order to link to the Site. To seek our permission, you may write to Jargol at legal@jargol.com. We reserve the right to rescind any permission granted by us at our discretion at any time.

Privacy Policy

Your privacy is very important to us. Please review our Privacy Policy carefully.

Copyrights and Copyright Agent

Jargol respects the intellectual property of others and does not allow any material or Content that violates or infringes in any way upon the proprietary rights of others, including, without limitation, copyright or trademark rights.

Jargol complies with the provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA"). As such, Jargol, pursuant to the DMCA, reserves the right (but not the obligation), to terminate your license to use the Site if it determines at its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Jargol has implemented procedures for receiving written notification of claimed infringements. If you believe that you have a claim for infringement, whether of a copyright, patent, trademark or other proprietary right, please provide Jargol's copyright agent the following information.
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) A description of the work that you claim has been infringed upon;
(c) A description of the location of the infringing material on the Site;
(d) Your address, telephone number and e-mail address;
(e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other proprietary right owner, its agent or the law; and
(f) A statement, under penalty of perjury, that the information in the notification is accurate and that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Jargol's designated agent to receive notification of claimed infringement is:
Copyright Agent
P.O. Box 853
Verdugo City, CA 91046-0853
copyright@jargol.com

Disclaimer of Warranties

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED BY JARGOL "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITATION OF THE FOREGOING, JARGOL DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (A) ANY WARRANTY THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; (B) ANY WARRANTY AS TO THE OPERATION OF THE SITE; (C) ANY WARRANTY AS TO AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS OF THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OF THE SITE; (D) ANY WARRANTY THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM JARGOL AND/OR THE SITE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS; OR (E) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. JARGOL WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES CAUSED BY THE SITE. THIS DISCLAIMER OF WARRANTIES APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SITE, INCLUDING WIHOUT LIMITATION AS A RESULT OF (A) ANY ERROR, OMMISSION, DELETION OR DEFET IN THE CONENT, OR (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.

JARGOL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE. YOU (AND NOT JARGOL OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU IN FULL.

Limitation of Liability

Jargol makes no guarantee of availability of Services and reserve the right to change, withdraw, suspend, or discontinue any functionality or feature of the Services. IN NO EVENT WILL JARGOL BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE'S SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, THE SITE'S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THE SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; 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. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, JARGOL'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification

You agree to defend, indemnify and hold harmless Jargol, its affiliates and its 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 material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Services; (c) any non-compliance by you with the terms and conditions of this Agreement; and (d) claims brought by persons or entities other than the parties to this Agreement arising from or related to your access and use of the Services, including the information and/or Content obtained through the Services.

Applicable Law

The formation, construction and interpretation of this Agreement shall be controlled by the laws of the State of California, U.S.A., as such law applies to agreements between California residents entered into and to be performed within California. Any dispute relating to this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts in the State of California, U.S.A., and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts. We control and operate the Site from our offices in Glendale, California. We do not represent that materials on the Site are appropriate or available for use outside California. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous

The headings used in this Agreement are for convenience and reference purposes only, and shall not be used in construing or interpreting the scope or intent of this Agreement or any provision hereof.

If any part of this Agreement is held invalid or unenforceable, the portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. Jargol may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Questions

If you have any questions, please contact us at legal@jargol.com.