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Terms of Service
TERMS OF USE
The services offered by JingleMe.Com ("JingleMe" or "we") include the JingleMe website at www.JingleMe.com as well as any other related websites, widgets, or other distribution channels we may, from time to time, operate (collectively, the "JingleMe Website") and any other features, content, services or applications offered, from time to time, by JingleMe (collectively, the "JingleMe Services"). 
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the JingleMe Services. By using the JingleMe Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse a JingleMe Website) or you are a "Member" (which means that you have signed up with JingleMe.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the JingleMe Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the JingleMe Website and discontinue use of the JingleMe Services immediately. If you wish to become a Member, communicate with Members and make use of the JingleMe Services, you must read this Agreement and indicate your acceptance of its terms during the registration process.

This Agreement includes JingleMe's policy for acceptable use of the JingleMe Services as well as your rights, obligations and restrictions regarding your use of the JingleMe Services and JingleMe's Privacy Policy.

JingleMe may modify this Agreement from time to time and any such modification will be effective upon its posting by JingleMe on the JingleMe Website. You agree to be bound to any changes to this Agreement when you use the JingleMe Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

You may not use the JingleMe Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and JingleMe assumes no responsibility or liability for this material. If you become aware of misuse of the JingleMe Services, please contact us in writing by visiting our Contact page.

JingleMe 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 JingleMe Services at any time, for any or no reason, with or without prior notice, and without liability.

1. Eligibility. Use of and Membership in the JingleMe Services is void where prohibited. By using the JingleMe 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 17 years of age or older; and (d) your use of the JingleMe Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we suspect that you are under 13 years of age.

2. Term. This Agreement will remain in full force and effect while you use the JingleMe Services or are a User. You may terminate your membership at any time, for any reason, by contacting us in writing by visiting our Contact page. JingleMe may terminate your membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-18.

3. Fees. You acknowledge that JingleMe reserves the right to charge for the JingleMe Services and to change its fees from time to time in its discretion. If JingleMe terminates your membership because you have breached the Agreement, you will 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, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify JingleMe 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. Non-commercial Use by Members. The JingleMe Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by JingleMe in writing. Illegal and/or unauthorized use of the JingleMe Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the JingleMe Website is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from posted content without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the JingleMe Services.

6. Proprietary Rights in Content on JingleMe.com.

JingleMe does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials works of authorship (collectively, "Content") that you post to the JingleMe Services. After posting your Content to the JingleMe 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 JingleMe Services, you hereby grant to JingleMe a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the JingleMe Services. 
Without this license, JingleMe would be unable to provide the JingleMe Services. The license you grant to JingleMe is non-exclusive (meaning you are free to license your Content to anyone else in addition to JingleMe), fully-paid and royalty-free (meaning that JingleMe is not required to pay you for the use on the JingleMe Services of the Content that you post), sublicensable (so that JingleMe is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the JingleMe Services), and worldwide (because the Internet and the JingleMe Services are global in reach). This license will terminate at the time you remove your Content from the JingleMe Services. The license does not grant JingleMe the right to sell your Content, nor does the license grant JingleMe the right to distribute your Content outside of the JingleMe Services.

You represent and warrant that: (i) you own the Content posted by you on or through the JingleMe 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 JingleMe Services does not violate the privacy rights, publicity rights, 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 JingleMe Services. 
The JingleMe Services contains JingleMe's proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the "JingleMe Content"). JingleMe owns and retains all rights in the JingleMe Content and the JingleMe Services. JingleMe hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the JingleMe Content (excluding any software code) solely for your personal use in connection with viewing the JingleMe Website and using the JingleMe Services. 
The JingleMe Services contain Content of Users and other JingleMe 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 JingleMe Services. 
7. Content Posted. 
JingleMe may delete any Content that in the sole judgment of JingleMe violates this Agreement or that may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. JingleMe assumes no responsibility for monitoring the JingleMe Services for inappropriate Content or conduct. If, at any time, JingleMe chooses, in its sole discretion, to monitor the JingleMe Services, JingleMe 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. 
You are solely responsible for the Content that you post on or through any of the JingleMe Services, and any material or information that you transmit to other Members and for your interactions with other Users. JingleMe does not endorse and has no control over the Content. Content is not necessarily reviewed by JingleMe prior to posting and does not necessarily reflect the opinions or policies of JingleMe. JingleMe 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, or receive from, other Members. 
8. 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 JingleMe Services. JingleMe reserves the right to investigate and take appropriate legal action against anyone who, in JingleMe's sole discretion, violates this provision, including without limitation, removing the offending content from the JingleMe Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of JingleMe: 
is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 
harasses or advocates harassment of another person; 
exploits people in a sexual or violent manner; 
contains nudity, violence, or offensive subject matter or contains a link to an adult website; 
solicits personal information from anyone under 18; 
provides any telephone numbers, street addresses, last names, URLs or email addresses; 
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 
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; 
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; 
contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 
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; 
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 
involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; 
includes a photograph of another person that you have posted without that person's consent; or 
use sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile. 
The following is a partial list of the kind of activity that is illegal or prohibited on the JingleMe service and through your use of the JingleMe Services. JingleMe reserves the right to investigate and take appropriate legal action against anyone who, in JingleMe's sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited activity includes, but is not limited to:

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; 
advertising to, or solicitation of, any Member to buy or sell any products or services through the JingleMe 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 JingleMe Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the JingleMe Services, you acknowledge that you will have caused substantial harm to JingleMe, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay JingleMe $75.00 US for each such unsolicited email or other unsolicited communication you send through the JingleMe Services; 
covering or obscuring the banner advertisements on your personal profile page (if any), or any JingleMe page via HTML/CSS or any other means; 
any automated use of the system, such as using scripts to make calls or send messages; 
interfering with, disrupting, or creating an undue burden on the JingleMe Services or the networks or services connected to the JingleMe Services; 
attempting to impersonate another Member or person; 
posting the code for the widget or link of another JingleMe Member and posting it anywhere without the Member's prior approval; 
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; 
selling or otherwise transferring your profile; 
using any information obtained from the JingleMe Services in order to harass, abuse, or harm another person; or 
using the JingleMe Services in a manner inconsistent with any and all applicable laws and regulations. 
9. 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 JingleMe's policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to JingleMe 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 JingleMe Services in a way that constitutes copyright infringement, please provide our Copyright Agent 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 JingleMe 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. JingleMe's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, JingleMe.Com, 415-112 N. Mary Avenue, Suite 360Sunnyvale, CA 94085 , United States; and in writing by visiting our Contact page. 
10. JingleMe Communications. You agree to receive communications from JingleMe in connection with your use of JingleMe Services in the form of email or SMS messages, including without limitation account activity notification, service updates, and reminders.

11. Member Disputes. You are solely responsible for your interactions with other Members. JingleMe.com reserves the right, but has no obligation, to monitor disputes between you and other Members.

12. Privacy. Use of the JingleMe Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

13. Disclaimers. We are not responsible for any incorrect or inaccurate Content posted on the JingleMe Website or communicated in connection with the JingleMe Services, whether caused by Users of the JingleMe Services or by any of the equipment or programming associated with or utilized in the JingleMe Services. Content created and posted by Members on the JingleMe Website may contain links to other websites. We are 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 JingleMe. Inclusion of any linked website on the JingleMe Services does not imply approval or endorsement of the linked website by JingleMe. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on this JingleMe Website or through the JingleMe Services, nor do we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any User of the JingleMe Services. We assume 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. We are 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 JingleMe Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the JingleMe Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from use of the JingleMe Services, attendance at a JingleMe event, from any Content posted on or through the JingleMe Services, or from the conduct of any Users of the JingleMe Services, whether online or offline. The JingleMe Services are provided "AS-IS" and as available and we expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of the JingleMe Services.

14. Limitation on Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JingleMe'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JingleMe FOR THE JingleMe SERVICES DURING THE PREVIOUS YEAR OF MEMBERSHIP.

15. U.S. Export Controls. Software available in connection with the JingleMe Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the JingleMe Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. Disputes. If there is any dispute about or involving the JingleMe Services, you agree that the dispute will be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either JingleMe or you may demand that any dispute between JingleMe and you about or involving the JingleMe Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA") in San Francisco, California, USA, provided that the foregoing will not prevent JingleMe from seeking injunctive relief in a court of competent jurisdiction.

17. Indemnity. You agree to indemnify and hold JingleMe, its subsidiaries, and affiliates, and their respective officers, directors, 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 JingleMe 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 JingleMe Website or through the JingleMe Services causes JingleMe to be liable to another.

18. Other. This Agreement is accepted upon your use of the JingleMe Website or any of the JingleMe Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and JingleMe regarding the use of the JingleMe Services. The failure of JingleMe to exercise or enforce any right or provision of this Agreement will 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. JingleMe is a trademark of JingleMe, Inc. 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 in writing by visiting our Contact page with any questions regarding this Agreement.

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