Eligibility and Assent to Terms
The following Terms of Service for the Joomag.com website and related services, applications, domains and networks offered by Joomag (“Joomag Services”) is a legal contract between you, either an individual of at least 18 years of age or a single entity (“You” or, collectively, “Users”), and Joomag regarding your use of Joomag’s website and related services. Joomag Services are not available to persons under the age of 18 or to any users previously suspended or removed from the Joomag Service by Joomag.
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE JOOMAG SERVICE.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH JOOMAG ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A “SUBSCRIBING ORGANIZATION”) THEN YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION TO THESE TERMS; (AND AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION).
BY CLICKING THE “I AGREE” BUTTON OR BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE JOOMAG SERVICE, YOU ASSENT TO AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE JOOMAG SERVICE.
Modification of the Terms; Modification of Fees
1. At its sole discretion, Joomag reserves the right, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Joomag Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the Joomag Service.
2. Certain functions on the Joomag Services may have fees associated with them. When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our stated fees, which we may change from time to time. Joomag may choose to temporarily change the fees for Joomag’s services at its discretion, and such changes are immediately effective when Joomag posts the temporary promotional event or new service on the Joomag Services. Any changes to fees for Joomag’s services that are not temporary or promotional will be effective thirty (30) days after Joomag provides You with notice by posting such changes on the Joomag Services. Furthermore, Joomag reserves the rights to change, modify, or otherwise alter the fee structure of the Joomag Service at any time, including but not limited to charging. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Individual Features and Services
When using the Joomag Service, you will be subject to any additional posted guidelines, rules or additional terms applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
When you use the Joomag Service to create and/or download or purchase content or any products, services, or information from Joomag, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Joomag on registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Joomag. You may be liable for the losses incurred by Joomag or others due to any unauthorized use of your Joomag Service account.
In the case You have a “Multi-User Account” feature activated, Joomag will grant to You the ability to create a number of user sub accounts for members or employees of your subscribing organization. Prior to the activation of each account in each instance, you and each account holding member of your organization shall be required to agree and accept this Terms. You, as an enterprise or other subscribing organization of Joomag Services, may create and designate sub accounts only for employees of your subscribing organization. You may not create any sub accounts for individuals who do not qualify as members of Your organization. Notwithstanding the terms of this Agreement herein, Joomag reserves the right, in its sole discretion, to suspend or deactivate any user or user sub account that it suspects of violating the foregoing.
Payment, Refunds, Upgrading, Downgrading and Cancellation Terms
(i) The Service is billed in advance on a monthly, half-yearly or yearly basis and is non-refundable, except for the first 30 (thirty) days, which are covered by the money back guarantee. There will be no refunds or credits for partial months or years of service, upgrade/downgrade refunds, or refunds for months or years unused with an open account.
(ii) For any upgrade or downgrade in plan level, your credit card will be charged immediately the new rate.
(iii) Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Joomag does not accept any liability for such loss.(iv) In the case you decide to cancel recurring billing created by Joomag, you are solely responsible for properly cancelling it by removing the credit card from your Joomag account, or in case of paying with PayPal, canceling the recurring payment from PayPal directly.
Digital Millennium Copyright Act
It is Joomag's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Joomag will promptly terminate without notice any User's access to the Joomag Service if that User is determined by Joomag to be a “repeat infringer.” A repeat infringer is a User who has been notified by Joomag of infringing activity violations more than twice and/or who has had a user-submitted content removed from the Joomag Service more than twice.
Permission to Use Joomag Service
Subject to your compliance with the terms and conditions set out in this Terms of Service, Joomag hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Joomag Service to (i) view, use and access “Uploader Submissions” (“Uploader Submission” as used herein means the upload and distribution of authorized digital content by a User of the Joomag Service), (ii) to view, use, and access any other content from the Joomag Service; and (iii) to participate in any other programs, services, or features of the Joomag Service now or hereafter made available by Joomag.
Use of the Joomag Service is for personal, non-commercial use only, except (i) organizations that are commercial entities may use the Joomag Service in the manner to make their Uploader Submissions available on the Joomag Service as contemplated herein; (ii) commercial entities may use, or license their use of the Joomag Service to third parties, provided that such commercial entity participates in the symbiotic nature of the Joomag Service by contributing its own Uploader Submissions from time to time; and (iii) Users may participate in any programs now or hereafter provided by Joomag to permit the sale of copies, licensing or advertising opportunities for Commercial Content in accordance with Joomag’s applicable Guidelines for such programs as communicated from time to time. As used herein, the term “Commercial Content” means any Uploader Submissions or other content made available by Users or third-party content providers for a user fee or for other financial remuneration.
You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” and “offline readers,” that accesses the Joomag Service in a manner that sends more request messages to the Joomag Service in a given period of time than a human can reasonably produce in the same period by using a conventional web browser or otherwise use the Joomag Service to collect or harvest any personally identifiable information or any data regarding activities on or usage of the Joomag Site. Joomag reserves all rights not expressly granted in this Terms of Service. You acknowledge that Joomag may automatically issue upgraded versions of the software and systems comprising the Joomag Service and, accordingly, may upgrade the version of the Joomag Service that you are using. Joomag reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Joomag Service, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
The following license includes the right for Joomag to convert your Uploader Submissions to Joomag’s proprietary format, or such other file formats as may be used by Joomag, and to display and make your User Submissions available, in whole or in part, on the Joomag Service in association with other User Submissions, content and advertising that may appear on the Joomag Service. Subject to the license grant to other Joomag Service users below, the following license granted by you terminates as to a specific Uploader Submission once you remove or delete such Uploader Submission from the Joomag Service. By distributing or disseminating Uploader Submissions through the Joomag Service, you hereby grant to Joomag a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license to host, transfer, display, perform, reproduce, distribute, and otherwise exploit your Uploader Submissions, in any media forms or formats, and through any media channels, now known or hereafter devised, including without limitation, RSS feeds, embeddable functionality, and syndication arrangements in order to distribute, promote or advertise your Uploader Submissions through the Joomag Service.
Users may have the option of specifying terms under which Uploader Sumnissions are licensed. Joomag may implement a feature into the Joomag Service which Users have “Privacy Lock” options to specify terms of which each Uploader Submission is licensed: 1) “Public” under which any User of the Joomag Service can use and access a User’s Uploader Submission; 2) “Protected” under which only those friends selected and authorized by each User may use and access a User’s Uploader Submission; and 3) “Private” under which only the User contributing the Uploader Submission may use and access such Uploader Submission. If you specified terms under which your Uploader Submissions are licensed, by distributing or disseminating Uploader Submissions through the Joomag Service, you hereby grant to each User that is authorized to access your Uploader Submissions a non-exclusive license to access and use your Uploader Submissions under the terms selected by you. If you did not specify terms under which your Uploader Submissions are released or opt out of any licenses automatically granted to Users of the Joomag Service, you hereby grant to each User that is authorized to access your Uploader Submissions a limited, non-exclusive, personal license to access and use such Uploader Submission in the manner contemplated by these Terms and the Joomag Service, including without limitation, the right to remix, clip, add or delete your Uploader Submission, in whole or in part, as part of any personalized User digital scrapbook or other customized digital presentation or file format, and including the right to view, print and download the foregoing for such User’s personal, non-commercial use. The foregoing license granted by you is modified to reflect your preferences, or terminated, as to a specific Uploader Submission once you modify the Privacy Lock or any other such options pertaining such Uploader Submission, or remove or delete such Uploader Submission from the Joomag Service. The foregoing is subject to the rights of Users who have downloaded any Uploader Submission to retain such downloaded or printed copy or copies. Such User will retain any rights originally granted upon the download of the Uploader Submission.
By uploading and publishing your Uploader Submissions, you affirm, represent, and warrant that: (1) you are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize Joomag and Joomag's Users to use and distribute your Uploader Submissions as necessary to exercise the licenses granted by you in this section and in the manner contemplated by Joomag and this Terms of Service; (2) your Uploader Submissions do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; and (ii) your Uploader Submissions do not contain any viruses, adware, spyware, worms, or other malicious code or any content or file that provides a method to access to potentially infringing content outside of the Joomag Service. Violators of these third-party rights may be subject to criminal and civil liability. Joomag reserves all rights and remedies against any Users who violate this Terms of Service.
Further, you understand that when using the Joomag Service you will be exposed to Uploader Submissions from a variety of sources, and that Joomag is not responsible for the accuracy, content, usefulness, or intellectual property rights of or relating to such Uploader Submissions. You further understand and acknowledge that you may be exposed to Uploader Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Joomag with respect thereto. Joomag does not endorse any Uploader Submissions or any opinion, recommendation or advice expressed therein, and Joomag expressly disclaims any and all liability in connection with Uploader Submissions. If notified by a User or a content owner of an Uploader Submission that allegedly does not conform to this Terms of Service, Joomag may investigate the allegation and determine in its sole discretion whether to remove the Uploader Submission, which it reserves the right to do at any time and without notice. For clarity, Joomag does not permit copyright infringing activities on the Joomag Service.
Prohibited Conduct YOU AGREE NOT TO COMMIT ANY ACT OF THE FOLLOWING PROHIBITED CONDUCT:
(i) use the Joomag Service for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Joomag Service as such services are offered by Joomag;
(ii) delete the copyright or other proprietary rights on the Joomag Service or Uploader Submissions;
(iii) make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Joomag Service. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
(iv) use the Joomag Service in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy or post, upload, or distribute any defamatory, libelous, or inaccurate Uploader Submissions or other content;
(v) defame, harass, abuse, threaten or defraud Users of the Joomag Service, or post, upload, or distribute any Uploader Submissions or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the content on the Joomag Service for any commercial use, it being understood that the content available on the Joomag Service is for personal, non-commercial use only;
(vi) rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined below);
(vii) impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Joomag Service accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Joomag Service, or perform any other similar fraudulent activity;
(viii) hack, remove, circumvent, disable, damage or otherwise interfere with security-related features of the Joomag Service or Uploader Submissions, features that prevent or restrict use or copying of any content accessible through the Joomag Service, or features that enforce limitations on the use of the Joomag Service or Uploader Submissions, or intentionally interfere with or damage operation of the Joomag Service or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
(ix) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Joomag Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
(x) modify, adapt, translate or create derivative works based upon the Joomag Service or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(xi) remove, obscure, block, hide or otherwise alter the display of any advertising (or any parts or aspects thereof), Joomag brand elements, including logos, trademarks, service marks or other Materials displayed by Joomag in connection with the Joomag Service in any manner whatsoever, regardless of your use of the embedding functionality of the Joomag Service to display authorized content on your or other third party sites.
Selling and Buying
Joomag provides a platform for buyers and sellers to complete transactions of digital products and the following rules apply. If any of these rules are violated Joomag has the absolute right to act without reference or consultation. In general Joomag will follow the TRANSACTION ABUSE guidelines. The user will not:
1. Use Joomag if you are not capable of entering legally binding contracts, are under the age of 18, or are suspended from our sites;
2. Interfere with other user's content;
3. Circumvent or manipulate price and fees owed to the authors and publishers or the commission fees owed to resellers or any part of the billing process, or fees owed to Joomag;
4. Transfer your Joomag account to another party without our consent;
5. Post for sale illegal content or malicious software.
The seller is solely responsible for setting the price of the item.
The seller is responsible for the payment of all taxes on the monies received from the sale of any product displayed on the Joomag sites that may or may not become due.
By selling a product through the Joomag website the seller is entering into 2 contracts 1) the contract with the buyer and 2) a contract to pay commission to Joomag for services.
The seller agrees that Joomag will deduct from the price paid by the buyer the Joomag Standard Costs and if relevant the small transaction surcharges as set out in the Joomag Publication Selling document.
The service charges made by Joomag to the seller are inclusive of sales tax and VAT. Payment of these taxes where applicable are the responsibility of Joomag.
Settlement of transactions
Payment to authors and publishers are made on the 28th day of the month for items sold from the 15th day of the preceding month to the 14th day of the current month.
Should a valid complaint be received by Joomag from the buyer prior to the settlement date, Joomag reserves the right to suspend this payment until the dispute has been resolved.
Payments will only be made if the balance at the 28th of the month exceeds USD 100. If it is below USD 100 the balance will be carried forward to the following month.
Return Policy for Printed Orders
Monitoring Users and Content
Joomag does not control the content posted by you and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and material that you submit to Joomag.
The Joomag Service may include links or references to other web sites or services solely as a convenience to Users (“Linked Sites”). Joomag does not endorse any such Linked Sites or the information, materials, products, or services contained on or accessible through Linked Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Joomag Service are solely between you and such advertiser. Access and use of Linked Sites, including the information, materials, products, and services on or available through Linked Sites is solely at your own risk.
You agree that Joomag, in its sole discretion, and without penalty, may terminate or suspend any account hosted by, or your use of, the Joomag Service and remove and discard all or any part of your account, User profile, and any Uploader Submission, for any reason at any time. Joomag may also in its sole discretion and at any time discontinue providing access to the Joomag Service, or any part thereof, with or without notice. You agree that any termination of your access to the Joomag Service or any account you may have or portion thereof may be effected without prior notice, and you agree that Joomag will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Joomag may have at law or in equity. Upon termination for any reason, you agree to immediately stop using the Joomag Service, any accompanying documentation, and all other associated materials. Your only remedy with respect to any dissatisfaction with (i) the Joomag Service, (ii) any term of this Terms of Service, (iii) any policy or practice of Joomag in operating the Joomag Service, or (iv) any content or information transmitted through the Joomag Service, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by discontinuing use of any and all parts of the Joomag Service.
You may terminate your account, this Terms of Service, and your right to use the Joomag Service at any time and for any reason or no reason, by contacting our sales department. Unused fees are non-refundable and Joomag reserves the right to charge you the early termination fee agreed to by you at the time you subscribed to the Joomag Service. Notwithstanding anything to the contrary in this Terms of Service, Joomag retains the absolute right to immediately suspend or terminate your account, and terminate this Agreement, if the charges to your Paypal account or credit card for any fees are refused for any reason. Upon any such termination of your account, you will remain obligated to pay all outstanding fees and charges relating to your use of the Joomag Service before termination.
Effect of Termination
Use of Customer Company Name and Logo
Joomag has the right to use the (company) names and logos of their Users for marketing or promotional purposes. Joomag will provide Users with an opportunity to decline this right, when this is requested from customer by e-mail: info (at) joomag.com
Ownership; Proprietary Rights
The Joomag Service is owned and operated by Joomag. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Joomag Service provided by Joomag (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Uploader Submissions that are provided and owned by Users, all Materials contained on the Joomag Service are the property of Joomag or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Joomag or its affiliates and/or third-party licensors. Except as expressly authorized by Joomag, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Joomag reserves all rights not expressly granted in this Terms of Service
You agree to indemnify Joomag, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Joomag Service, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Joomag reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Joomag, and you agree to cooperate with Joomag's defense of these claims. Upon notice of any impending claim, action or proceeding, Joomag will use reasonable efforts to notify of any indemnification obligation.
Disclaimer of Warranties
JOOMAG, AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOOMAG OR THROUGH THE JOOMAG SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT THIS DISCLAIMER INCLUDES JOOMAG'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS. YOU EXPRESSLY AGREE THAT THE USE OF THE JOOMAG SERVICE IS AT YOUR SOLE RISK. THE JOOMAG SERVICE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, UPLOADER SUBMISSIONS, LINKED SITES, PRODUCTS, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JOOMAG SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”, “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. JOOMAG, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, UPLOADER SUBMISSIONS, OR ANY OTHER PRODUCTS, SERVICES OR APPLICATIONS OFFERED ON OR THROUGH THE JOOMAG SERVICE OR ANY LINKED SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. JOOMAG, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE JOOMAG SERVICE OR ANY LINKED SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE JOOMAG SERVICE OR ANY LINKED SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL JOOMAG OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE JOOMAG SERVICE OR ANY LINKED SITES, OR ANY OTHER INTERACTIONS WITH JOOMAG OR OTHER JOOMAG SERVICE USERS, EVEN IF JOOMAG OR AN JOOMAG AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, JOOMAG'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL JOOMAG OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE JOOMAG SERVICE OR YOUR INTERACTIONS WITH JOOMAG OR OTHER JOOMAG SERVICE USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE JOOMAG SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY LINKED SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN JOOMAG AND RECEIVED THROUGH OR ADVERTISED ON THE JOOMAG SERVICE OR RECEIVED THROUGH ANY LINKED SITES.
YOU ACKNOWLEDGE AND AGREE THAT JOOMAG HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND JOOMAG, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND JOOMAG. JOOMAG WOULD NOT BE ABLE TO PROVIDE THE JOOMAG SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
United States Export Controls
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under this Terms of Service are contingent on your compliance with this provision.
Joomag may provide you with notices, including those regarding changes to Joomag's terms and conditions, by email, regular mail or postings on the Joomag Service. Notice will be deemed given twenty-four hours after email is sent, unless Joomag is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Joomag Service. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Joomag Service is deemed given 30 days following the initial posting. The failure of Joomag to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Joomag. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. For Users residing outside the United States of America and using the Joomag Service in another territory, any dispute or claim arising out of or in connection with these Terms or your use of the Joomag Services shall be finally settled by binding arbitration in New York City, New York under the Rules of Arbitration of the International Chamber of Commerce by three arbitrator(s) appointed in accordance with said rules; judgment on the award rendered by these arbitrators may be entered in any court having jurisdiction thereof. The parties agree that this arbitration is the exclusive remedy for any disputes. For Users residing inside the United States of America and using the Joomag Service in the United States, you agree that any action at law or in equity arising out of or relating to these Terms or Joomag as an entity will be filed only in the state or federal courts in and for New York City, New York, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Joomag without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof. This is the entire agreement between you and Joomag relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Joomag as set forth above.
YOU AND JOOMAG AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JOOMAG SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.