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Terms
of Service
1.
ACCEPTANCE OF TERMS
Welcome to
JorMall.com. JorMall.com will provide its services to you, subject to the
following Terms of Service (hereafter referred to as "TOS"), which may be
updated by us from time to time, without drawing your notice. In addition,
when using particular JorMall services, you and JorMall shall be subject
to any posted guidelines or rules, applicable to such services that may be
posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS. JorMall also may offer other
services from time to time, which are governed by different Terms of
Services.
BY CLICKING THE "I
ACCEPT" BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING
THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL
OF THE TERMS AND CONDITIONS STATED IN THE TERMS OF SERVICE ("TOS").
2.
DESCRIPTION OF SERVICE
JorMall currently
provides users with access to a rich collection of on-line resources,
including, various communications tools, directories, shopping services,
showrooms, and other links, through its network of proprietors (the
"Service"). Unless explicitly stated otherwise, any new features that
augment or enhance the current service, including, but not limited to, the
release of any new JorMall properties, shall be subject to the TOS. You
understand and agree that the Service is provided "as is" and that JorMall
assumes no responsibility for the timeliness, deletion, miss-delivery, or
failure to store any user communications or personalization settings.
In order to use the
Service, you, the user of the service, must obtain access to the World
Wide Web. Either directly or through devices that access web-based
content, and the payment of any service fees associated with such access.
In addition, you must provide all the equipment necessary to make such
connection to the World Wide Web, including a computer and modem or any
other access device that allows you to do so.
3.
YOUR REGISTRATION OBLIGATIONS
In consideration of
your use of the Service, you agree to the following:
The provision of
true, accurate, current and complete information about yourself as
prompted by the Service's registration form (such information being the
"Registration Data")
Maintain and promptly update the Registration Data to keep it true,
accurate, current and complete.
If, for any reason, you provide any information that is untrue,
inaccurate, not current or incomplete, or JorMall has reasonable grounds
to suspect that such information is untrue, inaccurate, not current or
incomplete, JorMall has the irrevocable right to suspend or terminate your
account and refuse any and all, current or future use of the Service (or
any portion thereof). JorMall is concerned about the safety and privacy of
all its users. Please remember that the Service is designed to appeal to a
broad audience.
4.
JORMALL PRIVACY POLICY
Registration Data
and certain other information about you, is subject to our Privacy Policy.
For more information, please see our full privacy policy at (a link for
the privacy policy).
5. MEMBER ACCOUNT,
PASSWORD AND SECURITY
You will receive a
password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidential
security of your password and account, and are fully responsible for all
activities that occur under your password or account. You agree to the
following:
Immediately notify
JorMall of any unauthorized use of your password or account or any other
breach of security.
Ensure that you sign out from your account at the end of each session.
JorMall cannot, and will not, be liable for any loss or damage arising
from your failure to comply with this clause.
6.
MEMBER’S CONDUCT
You acknowledge that
JorMall does not pre-screen content, but that JorMall and its designees
shall have the right (but not the obligation), in their sole discretion,
to refuse or move any content that is available through the Service.
Without limiting the foregoing, JorMall and its designees shall have the
right to remove any content that violates the TOS or is otherwise
objectionable. You agree that you must evaluate, and bear all risks
associated with, the use of any content, including, but not limited to,
any reliance on the accuracy, completeness, or usefulness of such content.
In this regard, you acknowledge that you may not rely on any content
created by JorMall or submitted to JorMall, including, without limitation,
information on the JorMall Message Boards, JorMall Clubs, and all other
parts of the Service.
You acknowledge and agree that JorMall may preserve content, and may also
disclose content if required to do so by law, or in the good faith or
belief, that such preservation or disclosure is reasonably necessary to:
Comply with any
legal process
Enforce the TOS
Respond to claims that any or some content violates the rights of
third-parties
Protect the rights, property, or personal safety of JorMall, its users and
the public.
You understand that the technical processing and transmission of the
Service, including your content, may involve any or all of the following:
Transmissions over
various networks.
Changes to conform and adapt to technical requirements of connecting
networks or devices.
7.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable content. Specifically, you agree
to comply with all applicable laws regarding the transmission of technical
data exported from Jordan or the country in which you reside.
8.
PUBLIC CONTENT POSTED TO JORMALL
For purposes of the
TOS, "publicly accessible areas of the Service" are those accessible by
the general public. By way of example, a publicly accessible area of the
Service would include public JorMall clubs and JorMall Message boards, but
would not include private JorMall clubs or private JorMall communication
services.
With respect to content you elect to post for inclusion in the publicly
accessible areas of JorMall clubs, or that consists of photographs or
other graphic material you elect to post to any other publicly accessible
area of the Service, you grant JorMall the world-wide, royalty free and
non-exclusive license to reproduce, modify, adapt and publish such content
on the Service solely for the purpose of displaying, distributing and
promoting the specific JorMall club to which such content was submitted,
or, in the case of photographic or graphic material, solely for the
purpose for which such photographic or graphic material was submitted to
the Service. This license exists only for as long as you elect to continue
to include such content on the Service and shall be terminated at the time
you delete such content from the Service.
With respect to all other content you elect to post to other publicly
accessible areas of the Service, you grant JorMall the royalty-free,
perpetual, irrevocable, non-exclusive and fully sub-licensable right and
license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such content (in
whole or part) worldwide, and/or to incorporate it in other works in any
form, media, or technology now known or later developed.
9.
INDEMNITY
You agree to
indemnify and hold JorMall, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of content you submit, post to or transmit
through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of
others.
10.
NO RESALE OF SERVICE
You agree not to
reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Service, use of the Service, or access to the
Service.
11.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that
JorMall may establish general practices and limits concerning use of the
Service, including, without limitation, the maximum number of days that
advertisements, special offers, or other uploaded content will be retained
by the Service. You agree that JorMall has no responsibility or liability
for the deletion or failure to store any information and other
communications or other content maintained or transmitted by the Service.
You acknowledge that JorMall reserves the right to log off accounts that
are inactive for an extended period of time. You further acknowledge that
JorMall reserves the right to change these general practices and limits at
any time, in its sole discretion, with or without notice.
12.
MODIFICATIONS TO SERVICE
JorMall reserves the
right at any time and from time to time, to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that JorMall shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the
Service.
13.
TERMINATION
You agree that
JorMall, in its sole discretion, may terminate your password, account (or
any part thereof) or use of the Service, and remove and discard any
content within the Service, for any reason, including, without limitation,
for lack of use or if JorMall believes that you have violated or acted
inconsistently with the letter or spirit of the TOS. JorMall may also in
its sole discretion, and at any time, discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge and agree that
JorMall may immediately deactivate or delete your account and all related
information and files in your account and/or bar any further access to
such files or the Service. Furthermore, you agree that JorMall shall not
be liable to you or any third-party for any termination of your access to
the Service.
14.
DEALINGS WITH ADVERTISERS
Your correspondence
or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and
such an advertiser. You agree that JorMall shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any
such dealings or as the result of the presence of such advertisers on the
Service.
15.
LINKS
The Service may
provide, or third parties may provide, links to other World Wide Web sites
or resources. Because JorMall has no control over such sites and
resources, you acknowledge and agree that JorMall is not responsible for
the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources. You
further acknowledge and agree that JorMall shall not be responsible or
liable, directly or indirectly, for any damage or loss caused, or alleged
to be caused, by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or
resource.
16.
JORMALL'S PROPRIETARY RIGHTS
You acknowledge and
agree that the Service and any necessary software used in connection with
the Service ("Software") contain proprietary and confidential information
that is protected by the applicable intellectual property laws and other
laws. You further acknowledge and agree that content contained in sponsor
advertisements or copyrights, trademarks, service marks, patents or other
proprietary rights and laws protect information presented to you through
the Service or advertisers. Except as expressly authorized by JorMall or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute
or create derivative works based on the Service or the Software, in whole
or in part.
JorMall grants you a personal, non-transferable and non-exclusive right
and license to use the object code of its Software on a single computer;
provided that you do not, and do not allow any third party to, copy,
modify, create a derivative work of, reverse engineer, reverse assemble or
otherwise attempt to discover any source code, sell, assign, sublicense,
grant a security interest in or otherwise transfer any right in the
Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including (without limitation)
for the purpose of obtaining unauthorized access to the Service. You agree
not to access the Service by any means other than through the interface
that is provided by JorMall for use in accessing the Service.
17.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. JORMALL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
b. JORMALL MAKES NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JORMALL OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
18.
LIMITATION OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT JORMALL SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JORMALL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR
FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON
THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19.
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 SECTIONS 17 AND 18 MAY NOT
APPLY TO YOU.
20.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to
create or join any service, receive or request any news, or other
information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 17 and 18 again.
They apply doubly for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The Service is
provided for informational purposes only, and no Content included in the
Service is intended for trading or investing purposes. JorMall shall not
be responsible or liable for the accuracy, usefulness or availability of
any information transmitted via the Service, and shall not be responsible
or liable for any trading or investment decisions made based on such
information.
21.
NOTICE
Notices to you may
be made via either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or
links to notices to you generally on the Service.
22.
TRADEMARK INFORMATION
JorMall, the JorMall
logo, “JorMall, Online Mall of the Millennium”, Wit & Wisdom, Teenage
Link, Yehia’s Gadgets, are trademarks and service marks, and other JorMall
logos and product and service names are trademarks of JorMall Inc. (the "JorMall
Marks"). Without JorMall's prior permission, you agree not to display or
use in any manner, the JorMall Marks.
23.
COPYRIGHTS and COPYRIGHT AGENTS
JorMall respects 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 agrees with
copyright infringement, please provide JorMall's copyright agent the
following information:
An electronic or
physical signature of the person authorized to act on behalf of the owner
of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is
located on the 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;
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.
Please contact the JorMall's copyright agent for notice of claims of
copyright infringement. (Please state the contact information of your
lawyers).
24.
GENERAL INFORMATION
The TOS constitutes
the entire agreement between you and JorMall and govern your use of the
Service, superceding any prior agreements between you and JorMall. You
also may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content or third-party software.
The laws of Jordan, without regard to its conflict of law provisions,
shall govern the TOS and the relationship between you and JorMall. You and
JorMall agree to submit to the personal and exclusive jurisdiction of the
courts located within the county of Jordan. The failure of JorMall to
exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is found
by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Service or the TOS must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.
The clause titles in the TOS are for convenience only and have no legal or
contractual effect.
25.
VIOLATIONS
Please report any
violations of the TOS to our Customer Care group. |
