TRADEMARK AND COPYRIGHT NOTICES
The Site(s) on which these Terms and Conditions are located may contain valuable servicemarks and/or trademarks owned and used by Jojutla’s. These servicemarks and trademarks distinguish Jojutla’s products and services. The content and layout of the Site, including, but not limited to, the trademarks, service marks, text, art work, graphics, pictures, images, screen shots, music, video, digitally downloadable files, other content are the property of Jojutla’s, unless otherwise noted, and are protected from copying, imitation, communication, or simulation under law and shall not to be reproduced, rebroadcast, communicated, displayed, distributed, or transmitted without the express written permission of Jojutla’s.
Any unauthorized use of the materials, arrangements, or design of the Site, or trademarks or service marks found within the Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting the Site you do not obtain or acquire any license or right to use or make additional copies of any materials or information displayed on the Site. You agree not to display or use any content or third party content located on the Site in any publication, for any commercial use or purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Jojutla’s, that may dilute the strength of Jojutla’s property, or that otherwise infringes on any of Jojutla’s intellectual property rights.
This Site may also contain references to other companies, company brands and product names. These companies, company brands and product names are used herein for identification purposes only and may be the servicemarks or trademarks of their respective owners. The images of people or places displayed, structures, forms, and graphics displayed or found within the Sites are either the property of, or used with permission by Jojutla’s. Jojutla’s may be, but is not necessarily sponsored by or affiliated with any owners of the other companies, brand and product names appearing on the Site, and makes no representations about them.
VIOLATIONS OF TRADEMARK/COPYRIGHT
If you are a copyright servicemark or trademark owner and you believe your rights have been violated by the content of this Site, or any postings to this Site, please contact Jojutla’s immediately and notify us of said alleged violation.
NO WARRANTY; LIMITATION OF LIABILITY
Jojutla’s strives to ensure that the information contained on this Site is accurate. However, Jojutla’s and the World Wide Web are not infallible and errors may occur. Therefore, JOJUTLA’S HEREBY NOTIFIES YOU THAT THIS SITE IS BEING PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW, JOJUTLA’S DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED AS TO ANY MATTER RELATED TO THIS SITE. SAID DISCLAIMER INCLUDES, WITHOUT LIMITATION THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND/OR MERCHANTABILITY.
JOJUTLA’S SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL INJURIES AND/OR DAMAGES CAUSED BY THE USE OF THIS SITE OR ANY FEATURE ON THIS SITE OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND JOJUTLA’S’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO VIRUSES, ACTS OF GOD, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, OMISSIONS, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. Jojutla’s total liability for all damages, losses, and causes of action shall not exceed ten dollars ($10.00). However, some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages and as a result, the limitations or exclusions in this section may not apply to you.
You acknowledge that any reliance on this Site or any Content of this Site will be at your own risk and you take full responsibility for said reliance. Jojutla’s makes no representations regarding the amount of time that any Content will be preserved and reserves the right to delete any information at any time it desires. Jojutla’s may also revise any information, services and the resources contained in this Site and reserves the right to make any such changes without any obligation to notify past, current or future visitors. You further acknowledge that Jojutla’s may, in its sole discretion and at any time, discontinue or remove this Site or any part of it, with or without notice. You agree and expressly state that you do not have any rights in this Site, and that Jojutla’s will have no liability to you whatsoever if this Site is discontinued and/or your ability to access the Site is terminated.
USER GENERATED CONTENT
On certain areas of the Site such as message boards, or chat rooms, you may be permitted to interact with other users or us and may also be able to create an account that may be used solely by you. You are not permitted to share or transfer your account with any other party whether on a temporary or permanent basis. You agree to bear sole responsibility for all use of your account and for the confidentiality of your password. Jojutla’s will suspend access to your account as quickly as possible upon notification by you that your password has been lost, stolen, or otherwise compromised. You also have the option of cancelling your account at any time by notifying Jojutla’s of your intent to cancel said account.
Use of your account and the interactive features of this Site is governed by and subject to the following (“Posting Rules”). Jojutla’s may, at its sole discretion, terminate your account if we believe that you have violated any law, any of these Posting Rules and the terms set forth in these Terms and Conditions. We reserve the right to monitor all messages, Postings, uploads, or other content sent to the Site, and we reserve the right to remove or to refuse to post anything that we view to be in violation of the law, these Posting Rules or are otherwise inappropriate in any way. However, Jojutla’s does not necessarily monitor any materials posted, transmitted, uploaded, or communicated to or within the Site.
You understand and acknowledge that you are responsible for the content of all material posted from you and/or your account, including your messages, or information, data, texts, photographs or other materials in any message or comment that appear in a chat room, message board, or other interactive feature (“Postings”), and agree not to include anything that is inappropriate, unlawful, harmful, defamatory, libelous, obscene, pornographic, invades the privacy of other persons, threatening, harassing, abusive, hateful, racist, infringing, incites criminal or abusive acts, or is otherwise inappropriate or is objectionable by anyone in any way.
You understand and acknowledge that messages, Postings or comments are the sole responsibility of the author, and that Jojutla’s is not responsible for the Postings that are posted on our Site. Opinions expressed in Postings posted on our Site by others do not necessarily reflect the opinions of Jojutla’s.
You agree that your Postings will not contain personal information about any individual/entity, that violates the privacy of any other individual/entity, or anything that you have agreed to keep private or confidential under the terms of any contract. You agree that you will not impersonate any person/entity or organization, including without limitation, the personnel of Jojutla’s when you post anything. Furthermore, you agree that you will not misrepresent an affiliation or partnership with another person/entity or organization, nor will you post any content that that infringes any copyright, trademark, patent, trade secret or other intellectual property right of Jojutla’s or any third party.
You agree that your Postings you will not include any software, tracking cookies, files or links to other sites, and that you will not post any messages, Postings or Content that contains viruses, worms, tracking cookies, malware, corrupted files, or any other similar software or programs that may negatively impact the operation of Jojutla’s system or a third party’s system or computer. You further agree that you will not post any messages, Postings or Content that undermines or interrupts the operation of the Site, a message board, chat room, forum, or other feature of the Site.
The message boards, chat rooms, and other features we may provide on this Site are intended to allow the exchange of information, and for users to express their opinions. IT IS NOT A COMMERCIAL SITE. Therefore, you agree that you will not post in any Postings any content that contains a business solicitation, including any advertising of a product or service, offering a product or service for sale, or directing readers to a different website or different location for more information about a product or service.
If you believe that any Message was posted in violation of these Posting Rules or Terms and Conditions, please copy the text of the Message into an email and submit it to Jojutla’s at _______________. Jojutla’s may, but is not required to, acknowledge receipt of your complaint. You agree that Jojutla’s cannot and will not act as arbiter of disputes arising from third party communications submissions or transmissions to the Site. Violation of any of the above rules may result in a warning to you, removal of offending content and/or termination of your account. Jojutla’s is not required to provide a warning notification prior to terminating any account if Jojutla’s determines, in its sole discretion, that termination of your account is appropriate.
CONTACTING OR COMMUNICATING WITH JOJUTLA’S
LICENSE AGREEMENT IN REGARDS TO USER SUBMITTED CONTENT
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND STATES THAT YOU ARE ENTERING INTO A LEGAL AND BINDING AGREEMENT WITH JOJUTLA’S. BY USING THIS SITE YOU AGREE THAT YOU HAVE READ THIS AGREEMENT VERY CAREFULLY AND YOU UNDERSTAND YOUR RIGHTS AND OBLIGATIONS CREATED BY THIS AGREEMENT. BY USING THIS SITE AND/OR SUBMITTING ANY INFORMATION TO THIS SITE, YOU EXPRESSLY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. Any Postings or user submitted content you make on this Site containing artwork, photographs, audio recordings, copy, ideas, performances, drawings, images, music, text, video recordings, digital recordings, written materials and/or any other materials (are governed by the terms in this Agreement including but not limited to the following:
-- You have no ownership rights in your account or other access to the Site or features therein, and Jojutla’s may delete all Postings or user submitted content at any time, with or without notice, if Jojutla’s deems that you have violated these Terms, the law, or for any other reason Jojutla’s determines appropriate. Jojutla’s assumes no liability for any information removed from the Site, and reserves the right to permanently restrict access to the Site or a user account.
-- All Postings or user submitted content you provide to Jojutla’s may be used by Jojutla’s anywhere, anytime and for any reason whatsoever and you hereby grant Jojutla’s a limited, nonexclusive, sub-licensable, worldwide, fully paid, royalty-free license to use, crop, change, modify, perform, publicly display, reproduce and distribute Postings and/or user submitted content. This license includes the right to host, index, cache, distribute and tag any Postings or user submitted content, as well as the right to sub-license the same to third parties for use on other platforms, such as for use on mobile phones, in video or music software computer programs, or any other platform.
-- You hereby represent and warrant that you own your Postings or user submitted content posted by you on the Site and have the right to grant the license set forth herein, and the displaying, publishing or posting of your messages, Postings or user submitted content, and our use thereof, does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights of any person or entity. You agree to pay for all royalties, fees and any other monies owing any person by reason of any Postings or user submitted content displayed, published or posted by you to the Site.
-- You agree to defend, indemnify, and hold harmless Jojutla’s and its agents, officers, directors, employees, consultants, licensees, successors and assigns from and against any and all loss, damage, liability, claim, demand, suit, cost and expense, including court costs and reasonable attorneys’ fees, resulting from claims made against Jojutla’s or its agents by third parties arising from any breach, or alleged breach, of your representations, warranties and obligations hereunder.
-- You agree that you shall not sue, and you irrevocably and unconditionally release, waive and forever discharge Jojutla’s and its agents, officers, directors, employees, consultants, licensees, subsidiaries, affiliates, representatives, successors and assigns, jointly and individually (hereinafter collectively referred to as “Releasees”), from any and all manner of liabilities, claims and demands of whatsoever kind or whatsoever nature, in law or in equity, whether known or unknown, which you ever had, now have, or in the future may have against the Releasees with respect to Jojutla’s use of your postings or user submitted content. Without limiting the foregoing, you specifically acknowledge that you shall not be entitled to equitable or injunctive relief, which you knowingly and voluntarily waive. Furthermore, you shall not prevent or inhibit the exhibition, distribution, broadcast or other use or exploitation of your posting or user submitted Content.
You and Jojutla’s acknowledge and agree that no partnership or any kind is formed and neither you nor Jojutla’s has the power or the authority to bind or obligate the other in any way.
You agree to indemnify and hold Jojutla’s, its subsidiaries, officers, employees, members, and website hosts and contractors harmless from any claims and expenses, including reasonable attorney’s fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or anyone using your account, or the infringement of any intellectual property or privacy right of any person.
In the event that any provision of this Agreement shall be illegal or otherwise unenforceable, said provision shall be severed, and the remainder of the Agreement shall continue in full force and effect.
No waiver of any provision or of any breach of this Agreement shall constitute a waiver of any other provisions or any other or further breach.
This Agreement has been entered into in the state of Ohio and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of Ohio, without giving effect to its conflicts of laws principles. Furthermore, you consent to the exclusive jurisdiction of the federal and/or state courts of Ohio in regard to any dispute arising out of this Agreement.
This Agreement sets forth the entire understanding between you and Jojutla’s with respect to the subject matter of this Agreement.
This Agreement constitutes a binding agreement between you and Jojutla’s, and is accepted by you upon your use of the Site. This Agreement constitutes the entire agreement between you and Jojutla’s regarding the use of the Site and the features contained therein.