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TERMS OF USE
JigTV.com, (hereinafter the “Site”), provides social networking services allowing users to create personal profiles, upload videos, online chat, blog, visit and post on bulletin boards, enter contests, and purchase and register for on-line dance classes, (hereinafter the “Service”). Please read these Terms of Use carefully before using the Site. If you do not agree with all of the Terms of Use, do not use the Site. This Site is not directed to or intended for children under the age of 13. JigTV.com does not knowingly collect personal information from children under the age of 13. If you are between the ages of 13 and 18, be sure to get your parent or legal guardian to review and discuss these Terms of Use with you. By using the JigTV.com website, you are agreeing to be bound by these Terms of Use.
JigTV.com reserves the right at any time to modify and/or discontinue, temporarily or permanently, the Site, Service, or Terms of Use (or any part thereof) with or without notice. You agree that Jig TV.com shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site, Service, or Terms of Use.
The JigTV.com web site and Services are hosted and conducted in the United States.
PERSONAL, NON-COMMERCIAL USE BY USERS
This Site is for the personal use of individual Internet users, (“User” or “you”), and may not be transferred, assigned, or used in connection with any commercial or illegal endeavors. Users are any and all visitors to the Site, and include, but are not limited to, passive visitors to the Site, Members of the Site and visitors who chose to subscribe to the Subscription Plan.
Users over the age of 13 may become Members of JigTV.com. By becoming a JigTV.com “Member” (“Member”) you will have the right to use and access certain features of the Site and Services, which are not otherwise available to Users who are visiting the Site. Membership is available to those who are age 13 or older, and your birthday will be verified at registration. In order to register as a Member you must choose a user name and a password, which you agree not to disclose to any third party. Each Member is responsible for protecting their password from use by third parties. You understand that you are liable for any and all actions taken under your password, regardless of whether or not you have authorized the actions. You agree to immediately notify JigTV.com of any unauthorized use of your password, or if you think someone else has access or knowledge of your account information or password.
In consideration of your use of the Service, you agree that you will (a) provide true, accurate, current and complete information about yourself should you choose to register as a “Member,” and (b) timely update any and all registration data you provide to keep the information accurate, current and complete. JigTV.com reserves the right to suspend or terminate any account you may have established if you provide any information that is false, misleading, inaccurate, untrue or incomplete. JigTV.com reserves the right to deny you current or future access to the Site if JigTV.com has grounds to believe that any information provided by you is false, misleading, inaccurate, untrue or incomplete.
SUBSCRIPTIONS, BILLING AND PAYMENT TERMS
Users who wish to purchase and register for on-line dance classes may become subscribers for this service (“Subscription Plan”). The rate for this service is $0.01 (U.S. dollars) per month and is subject to change. The Subscription Plan between you and JigTV.com shall begin when JigTV.com, upon your request and prepayment, has provided you with access to on-line dance classes (such access may be based on the creation of a “Member” account with a user name and password generated for the purpose of purchasing on-line dance classes and payment). The subscription period is 1 month, and the User may cancel at any time for any reason. Upon expiration of the initial subscription term, your subscription automatically renews every month. You are financially responsible for all associated subscription fees until JigTV.com receives notice of cancellation.
Please note that the only accepted method of payment is by credit card payments using your Visa or MasterCard credit card. JigTV.com does not accept debit card payments at this time. You agree to notify JigTV.com immediately in writing if you discover that the card number you provided to JigTV.com when you registered for your subscription is a debit card number, or if your credit card information changes. Failure to notify JigTV.com may result in your debit card being charged.
Your same credit card that you used to subscribe initially will be automatically charged on a monthly basis for as long as you retain your subscription to the service. At any time, you may change your payment method by accessing your “Member” profile.
Except where prohibited by law, you agree that JigTV.com is not obligated to send you any renewal or advance billing notices indicating that your credit card will be or has been charged.
Please note JigTV.com OFFERS NO REFUNDS EXCEPT WHERE PROHIBITED BY LAW.
Your right to use the services offered in the Subscription Plan is conditional upon JigTV.com’s receipt of payment. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time your account is suspended or terminated.
At any time, you may cancel your Subscription Plan. You may cancel your Subscription Plan by accessing your “Member” profile, and indicating your wish to cancel on the subscription options page. Cancellations may not be made via e-mail. Please cancel your subscription at least seven (7) business days before the new billing cycle and we will cancel the subscription. Billing cycles are on a monthly basis, starting from the date JigTV.com provided you with access to on-line dance classes. If it is already seven (7) days into the next billing cycle, we will charge you for the full month of the Subscription Plan, and will provide you with access of the full month of the Subscription Plan. Subscription Plans are not entitled to any partial refund.
USER CONTRIBUTIONS
Members may have the option to make User Contributions. User Contributions include any user-posted audio, video, personal member profile data, content on chat rooms, bulletin boards, forums and blogs that is uploaded and contributed by each User. JigTV.com reserves the right, in its sole discretion, to refuse to post or to remove any User Contributions, and is not obligated to post any User Contributions.
a. The Site may permit the submission and the hosting, sharing, and/or posting of User Contributions. You understand that submission of User Contributions does not guarantee that such User Contributions will be posted on the Site. You also understand that JigTV.com does not guarantee any confidentiality with respect to any User Contributions, regardless of whether such User Contributions are posted or not posted on the Site.
b. You understand that JigTV.com has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
c. You understand that you, and not JigTV.com, are responsible for your own User Contributions and any consequences therein that may result from the posting of your own User Contributions. With regard to your own User Contributions, you confirm, represent, and/or warrant that: (i) you own or possess the required licenses, consents and/or permissions to use and permit JigTV.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Contributions to permit JigTV.com’s use of the User Contributions as part of the Site’s social networking service and in accordance with these Terms of Use; and (ii) you possess the consent, release, and/or permission of each and every identifiable individual person in the User Contributions to use the name, voice or likeness of each and every such identifiable individual person to permit JigTV.com’s use of the User Contributions as part of the Site’s social networking service and in accordance with these Terms of Use.
d. You agree that by submitting the User Contributions to JigTV.com, you hereby grant JigTV.com the non-exclusive, royalty-free license, with rights to transfer and sublicense, to use, reproduce, distribute, prepare derivative works of, display, and perform the User Contributions, or any portions, reproductions or versions thereof, throughout the world, in any and all media, now known or hereafter invented. You understand that this license grants JigTV.com the right to use the User Contributions for any purpose. You also agree that by submitting the User Contributions to JigTV.com, you hereby grant each User of the Site a non-exclusive, royalty-free license to access your User Contributions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Contributions as permitted through the functionality of the Site and under these Terms of Use.
e. With regard to your User Contributions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret, otherwise subject to third party rights, is a trademark of a third party, is protected by the right of publicity and/or is protected by the right of privacy, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant JigTV.com all of the license rights granted herein; (ii) post or transmit falsehoods or misrepresentations that could damage JigTV.com or any third party or post information that may pose or create a privacy or security risk to JigTV.com or any third party; (iii) post or transmit any libelous, defamatory, scandalous, abusive, obscene, pornographic, threatening, harassing, hateful, racially or ethnically offensive material, or any material that encourages others to engage in conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post or transmit solicitations of business, advertising, or other commercial promotions; (v) post requests or solicitations for personal information or passwords from third parties; (vi) post or submit content that appears to be from another person or party; or (vii) post or submit content under a false name.
f. JigTV.com does not guarantee the accuracy of any User Contributions and does not endorse or necessarily agree or disagree with any opinion, recommendation, or advice contained in the User Contributions. JigTV.com expressly disclaims any and all liability in connection with User Contributions. Copyright infringing activities and infringement of intellectual property rights on the Site is not permitted, and JigTV.com will remove all User Contributions if properly notified that such User Contributions infringe on another's intellectual property rights as indicated in the Copyright Policy in these Terms of Use. JigTV.com reserves the right to remove User Contributions without prior notice. JigTV.com may also terminate a User's access to the Site, if deemed necessary in the sole discretion of JigTV.com.
g. Users of JigTV.com will be exposed to User Contributions from a variety of individuals and organizations other than JigTV.com. Responsibility for what is posted in the chat rooms, blogs, and other public posting areas on the Site lies with each User. You understand that JigTV.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Contributions. You further understand and acknowledge that User Contributions of others may be 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 JigTV.com with respect to such User Contributions. You agree to defend, indemnify and hold harmless JigTV.com and its owners and operators to the fullest extent allowed by law regarding all matters related to your use of the Site and your User Contributions.
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. JigTV.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of Members who infringe the rights of copyright holders on multiple occasions ("repeat offenders"). If you believe in good faith that content hosted by this Site infringes your copyright, you may send JigTV.com's Copyright Agent a notice that the infringement content be removed, or access to it blocked. The notice must include the following information, as required by The Digital Millennium Copyright Act of 1998, ("DMCA") 17 U.S.C. 512:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to allow JigTV.com to locate the material;
• The name, address, telephone number and email address (if available) of the complaining party;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Also, be aware that there may be penalties for false claims under the DMCA. We reserve the right to terminate the account of any User who commits copyright infringement.
JigTV.com’s copyright agent may be reached at
JigTV.com, LLC
Copyright Agent
17011 Lincoln Ave,#454
Parker, CO 80134
Phone (720) 917-4697
TRADEMARK POLICY
JigTV.com does not want anyone to be confused as to which materials and services are provided by JigTV.com and which are not. You may not use any trademark or service mark appearing the JigTV.com Site without the prior consent of the owner of the mark.
PRIVACY POLICY
Use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference.
USE OF MATERIALS
Any and all materials available through the JigTV.com Site are the property of JigTV.com or are the property of a third party who has granted JigTV.com a license to use the materials, and may be protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, non-commercial use information you receive through the JigTV.com Site. You may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on the JigTV.com Site in any form (including by e-mail or other electronic means), without prior written permission from the owner. You may encourage others to access the information themselves on the JigTV.com Site and to tell them how to find it.
LINKING
The Site may provide links to third party websites or related resources. You acknowledge and agree that JigTV.com does not endorse, and is not responsible or liable for the availability or accuracy of such websites or resources or the content, products, or services on or available from such websites or resources. You understand and acknowledge that you assume all risk and responsibility arising from your use of any such websites or resources.
CONTESTS
JigTV.com may provide rules for certain contests and activities on the Site. These Terms of Use are incorporated by reference to the specific promotion rules or terms and conditions, which may appear in connection with information on the Site about a particular activity. To the extent that any conflict exists between these Terms of Use and specific rules for a promotional activity, the rules for the promotional activity in which you choose to participate shall govern that promotion but shall not otherwise modify the Terms of Use.
INDEMNITY
You agree to indemnify and hold JigTV.com, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees and costs, arising out of or in connection with any User Contributions or content you post or share on or through the Site, your access or use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Site, your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; any claim that one of your User Contributions caused damage to a third party or any violation of these Terms of Use or of any law or the rights of any third party.
DISCLAIMER OF WARRANTIES
The materials on the Site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, JigTV.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability or fitness for a particular purpose, non-infringement of proprietary rights, course of dealing or course of performance. JigTV.com expressly disclaims any warranty that the functions contained in the materials appearing on the Site will be uninterrupted or free of errors, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful elements. JigTV.com makes no warranties or representations, express or implied, regarding the use of the materials appearing on the Site with regard to their correctness, reliability, accuracy, or otherwise. Neither JigTV.com nor its content providers shall be responsible or liable to any person, firm, or corporation for any loss, damage, injury, claim, or liability of any kind or character based on or resulting from any information contained on the Site. The Site may be temporarily unavailable from time to time for maintenance or other reasons.
JigTV.com is not responsible for the content submitted as User Contributions.
If you experience any technical problems with your Subscription Plan, please contact JigTV.com at info@jigtv.com. You agree that if you experience any technical problems with your Subscription Plan, you are not entitled to any payment refunds to your Subscription Plan, but you may be entitled, at the sole discretion of JigTV.com, to one or more additional months of the Subscription Plan.
LIMITATIONS ON LIABILITY
Under no circumstances will the JigTV.com Site, its officers, directors, employees and agents be liable to you or anyone else for any damages arising out of use of the JigTV.com, including, without limitation, liability for consequential, special, incidental, indirect or similar damages, even if we are advised beforehand of the possibility of such damages. (Because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. in such states, the liability of the JigTV.com Site, its officers, directors, employees and agents is limited to the fullest extent permitted by such state law). You agree that the liability of the JigTV.com Site, its officers, directors, employees and agents, if any, arising out of any kind of legal claim in any way connected to JigTV.com will not exceed the amount, if any, you paid to JigTV.com for the use of the Site.
APPLICABLE LAW
These Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. Any claim or dispute between you and JigTV.com that arises in whole or in part from the Site shall be decided exclusively by a state or federal court sitting in Colorado. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use, the Privacy Policy and/or your use of the Site shall be a state or federal court located in Denver, Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
These Terms of Use, and any other legal notices published by us on the Site, shall constitute the entire agreement between you and JigTV.com concerning the Site and the Service.
If a court of competent jurisdiction deems any provision of these Terms of Use invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and JigTV.com’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
You further agree that the JigTV.com Site shall be deemed solely based in Colorado.
TERMINATION
We may immediately terminate or suspend your access to the Site and Services and remove any material (including User Contributions) from the Site or our servers, in the event that you breach these Terms of Use. Notwithstanding the foregoing, we also reserve the right to terminate the Site, Services or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms of Use will immediately cease. JigTV.com will not be liable to you or any third party for termination of the Services or termination of your use of the Services. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER CONTRIBUTIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, JigTV.com will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
You may terminate your JigTV.com account at any time and for any reason by sending an email to info@jigtv.com. Upon any termination by a “Member”, the related account will no longer be accessible. Any suspension, termination or cancellation will not affect your obligations to JigTV.com under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
By using this site (the “Site”), you signify your agreement to all terms, conditions and notices contained or referenced herein. If you do not agree to these Terms of Use, please do not use the Site. JigTV.com reserves the right, in its discretion, to update or revise these Terms of Use. Please check periodically for changes. Your continued use of the Site following the posting of any changes to these Terms of Use constitutes acceptance of and agreement to those changes.
