"Jarbull Services" means all services and resources made available or enabled through the Jarbull Site or by Jarbull Networks Ltd., including download areas, developer tools services, product, review, and other information services, and communications services such as e-mail, blogs, and other message or communication facilities, but excluding Third Party Services and Your Services. "Jarbull Materials" means Materials made available or enabled through the Jarbull Site or by Jarbull but excluding Third Party Materials and Your Materials. "Materials" means all communications, game, content, data, documents, files, images, information, music, software, sound, suggestions and feedback, text, tools, videos, webcasts, and works of authorship.
Jarbull Site, Jarbull Services and Jarbull Materials
You may use the Jarbull Site, Jarbull Services, and Jarbull Materials only in accordance with these Terms. To access and use certain Jarbull Services, you may be required to agree to certain additional terms and conditions. For example, each of the following Jarbull Services requires agreement to the terms and conditions identified below, and those terms and conditions will become a part of these Terms on the date you access such Jarbull Service: We exclusively own the Jarbull Site, Jarbull Services, and all Jarbull Materials. Except as authorized by us in writing, you agree not to modify, rent, lease, loan, sell, distribute, exploit for any commercial purposes, or create derivative works based on, the Jarbull Site, Jarbull Services, or Jarbull Materials, in whole or in part.
You may not access or use the Jarbull Site or access or use any Materials, services or sites available on or accessible through the Jarbull Site, to do any of the following:
• collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
• use or attempt to gain access to or use another's account, password, Jarbull Service, Materials or computer systems or networks connected to any Jarbull server or to the Jarbull Site without authorization from Jarbull, whether through hacking, password mining or any other means;
• remove from any Materials posted on the Jarbull Site or falsely add to any Materials uploaded to the Jarbull Site, any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of such Materials;
• access or attempt to access any Materials on the Jarbull Site that you are not authorized to access or any Materials through any means not intentionally made available through the Jarbull Site or Jarbull Services;
• make available any files containing Jarbull Materials or Third Party Materials where you have not received the necessary licenses to, or all rights (including all intellectual property rights) in and to such Jarbull Materials or Third Party Materials, as applicable;
• use any Materials posted on the Jarbull Site in any manner that violates or infringes any rights (including any intellectual property rights) of any other person;
• disrupt or interfere with the security of, or otherwise cause harm to, the Jarbull Site, or any services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Jarbull Site or any linked sites;
• transmit unsolicited or bulk communications to any Jarbull account holder or to any Jarbull.com or affiliated e-mail address or use the Jarbull Site as a return address for unsolicited commercial mail originating elsewhere;
• post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;
• create a false identity for the purpose of misleading others;
• download any Third Party Materials posted on the Jarbull Site that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
• disrupt, interfere or inhibit any other user from using and enjoying the Jarbull Site, any Materials or services accessible through the Jarbull Site, or Third Party Sites linked from the Jarbull Site;
• breach any license terms, guidelines or other codes of conduct applicable to a particular Material or service accessible through the Jarbull Site or a particular Third Party Site linked from the Jarbull Site;
• violate any applicable laws or regulations related to the access to or use of the Jarbull Site, or engage in any activity prohibited by these Terms;
• post or otherwise submit any topic, name, Material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable;
• prepare, compile, use, download or otherwise copy any Jarbull Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
• violate the rights of Jarbull or any third party (including other users' rights) or abuse, defame, harass, stalk or threaten another; or
• use any Jarbull domain name as a pseudonymous return e-mail address;
• gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from Jarbull and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
Third Party Materials, Third Party Sites and Third Party Services
Certain Materials from third parties (including other users) ("Third Party Materials") may be downloaded from or displayed on the Jarbull Site. Links to certain sites and services from third parties ("Third Party Sites" and "Third Party Services," respectively) may be provided on the Jarbull Site. We do not investigate, monitor, or review any of these Materials, sites, or services, and we are not responsible for any of them or any terms and conditions that may apply to them. If we include, link to, or permit use of any of these third party Materials, sites, or services, that does not imply approval or endorsement by us, and if you decide to install or use any of them, you do so at your own risk. Your communications or dealings with third parties (including advertisers and providers of mobile applications) found on the Jarbull Site or through the Jarbull Services, including delivery of related goods or services, and any terms and conditions associated with those dealings, are solely between you and the third party. You agree that Jarbull is not responsible or liable for any loss or damage of any kind incurred as a result of any of those communications or dealings or as a result of the presence of any third party on the Jarbull Site. You should be aware that certain Materials presented to you on the Jarbull Site, including but not limited to advertisements and sponsored content within Third Party Materials, Third Party Sites, and Third Party Services, may be protected by intellectual property rights which are owned by the developers, sponsors or advertisers who provide those Materials, or access to those Materials, to Jarbull (or owned by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy, decompile, reverse engineer, or create derivative works based on such Materials (either in whole or in part), including but not limited to any such Materials downloaded by you, unless you have been specifically told that you may do so by Jarbull or by the owners of those Materials, in a separate written agreement. In addition to these Terms, you agree to comply with any license or other restrictions imposed by the third-party provider of Materials, sites, or services that you download or access from the Jarbull Site.
Disclaimer of Warranties
YOUR USE OF THE JARBULL SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE JARBULL SITE, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE JARBULL SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE JARBULL SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JARBULL AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER JARBULL NOR ANY USER MAKES ANY WARRANTY THAT THE JARBULL SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE JARBULL SITE, WILL (1) MEET YOUR REQUIREMENTS, (2) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (3) HAVE ANY ERRORS CORRECTED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO ANY JARBULL SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD.
Limitation of Liability
IN NO EVENT SHALL JARBULL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE AMOUNTS ACTUALLY PAID BY YOU FOR THE APPLICABLE JARBULL MATERIALS OR JARBULL SERVICE AND (2) FIFTY U.S. DOLLARS (50 USD). IN NO EVENT SHALL JARBULL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JARBULL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THE JARBULL SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE JARBULL SITE, INCLUDING: (1) THE USE OR THE INABILITY TO USE THE JARBULL SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE JARBULL SITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MATERIALS BY ANY THIRD PARTY (INCLUDING ANY OTHER USER); (3) LOSS OR DELETION OF ANY OF YOUR MATERIALS; OR (4) ANY OTHER MATTER RELATING TO THE JARBULL SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE JARBULL SITE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE PROVISIONS ENTITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU.
Copyrights and Copyright Agents
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the Material that you claim is infringing is located on the Jarbull Site;
• your address, telephone number, and email address;
• a 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; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows through email: firstname.lastname@example.org
If you have any questions about these Terms or any additional terms incorporated in these Terms as stated above, you may contact Jarbull in the following ways: Web: Contact Us