1. Acceptance of Terms of Use.
Thank you for visiting the Jinjinny.com Web site (the
"Site"). Access to the Site is offered to you by Jinjinny.com, ("Jinjinny.com")
subject to your acceptance of these Terms of Use. Please read these Terms of
Use carefully before using or registering for the Site, as your use of the
Site will constitute your agreement to be legally bound by and to comply
with these Terms of Use.
2. Description of the Site.
Jinjinny.com will create, produce, and bring original
Jokes, Humorous Stories and visuals from around the world with a special
emphasis on North Indian (Punjabi) Jokes and Humor.
3. Access and Registration.
In order to use the Site, you need the equipment necessary to
connect to the World Wide Web ("WWW"), and the connection necessary to
access the WWW. You are responsible for any fees associated with such
connection or access (such as those charged by an Internet Service Provider
(ISP) or telephone company). In order to make a purchase at the Site or take
advantage of some of the services and interactive features offered at the
Site, you will need to register with Jinjinny.com. You agree that if you
choose to register, you will: (a) provide accurate and complete information
when prompted to do so by any registration form, and (b) maintain and update
such information so it remains accurate and complete.
4. Privacy.
Your privacy is important to Jinjinny.com. All information
gathered from you in connection with your use of Site will be governed by
the provisions of the Jinjinny.com
Privacy Policy,
which are incorporated into these Terms of Use by this reference.
5.Intellectual Property and Rights
to Access Site.
5.1 Ownership. Jinjinny.com is the exclusive owner
and proprietor of the Site. The Site Content and Code are owned by
Jinjinny.com and/or its licensors and are protected by applicable domestic
and international copyright and other intellectual property and proprietary
rights and laws, and are offered to you, as they exist on the Site, for
limited use pursuant to these Terms of Use. As used herein, "Content" means
any and all human readable audio and/or visual elements of this Site,
including without limitation, any text, graphics, images, illustrations,
photographs animation, video/audio or audiovisual works, designs or logos,
information, and other content made available through the Site. "Code" means
any and all underlying elements of this Site, including without limitation
source code, script, object code, software, computer programs, and other
sets of statements or instructions contained in or underlying the Site. You
shall not copy, distribute, publish, perform, modify download, transmit,
transfer, sell, or license, create derivative works from or based on,
publicly display, frame, link, or in any other way exploit any of the
Content or Code, in whole or in part, without the prior written permission
of Jinjinny.com or the respective copyright holder.
5.2 Permitted Use. Jinjinny.com grants you a non-exclusive,
non-transferable, limited right and license to access and use this Site for
your personal, non-commercial and recreational or informational purposes.
You may view and privately display the Site Content on one computer, and you
may cache pages of the Site for the sole purpose of increasing the speed and
efficiency with which you view the Site. Except as expressly stated above,
you are not conveyed any right or license by implication, estoppels, or
otherwise in or under any patent, trademark, copyright, or proprietary right
of Jinjinny.com or any third party. This license is limited to personal
use only. No business entity is licensed to use this Site for any purpose.
5.3 Copyright Complaint. If you feel that any Content on the Site
infringes your copyrights, you may contact Jinjinny.com's copyright agent
at the following address: (a) Electronic mail (e-mail) must be sent to
info@jinjinny.com (b) Mail
and courier deliveries must be sent to:
Jinjinny.COM (P) LIMITED
Please be sure to include the following information: (a) a description of
the copyrighted work you allege is being infringed upon (and registration
information if such work is registered with the copyright office); (b) the
location (including URL addresses where possible) of the allegedly
infringing material on the Site, (c) your signature (digital or hard-copy),
(d) your address, telephone number, and e-mail address, and (e) a statement
(notarized if possible and made under penalty of perjury that): (i) you are
the copyright owner or are authorized to act on the copyright owner's
behalf; (ii) you believe in good faith that the rights of the copyright
owner are being infringed, and that the uses of the allegedly infringing
material are not authorized (either by the copyright owner, its agents, or
applicable law).
5.4 Trademark Notices. Jinjinny.com is a registered trademark of
Jinjinny.com Limited. All other trademarks, service marks, trade names and
logos contained in the Site are the property of their respective owners.
6. Posting Materials to the Site.
As used in these Terms of Use, "Your Posted Material" means
any information, messages, e-mails postings, on-line discussions, literary
works, or other text, drawings, illustrations or images, films, graphics,
images, photographs, animation, audiovisual works, recordings, digital
content designs, logos, or other copyrightable work or non-copyrightable
idea, expression, or communication, regardless of whether you authored or
created such work or communication, which you cause to be posted to,
submitted to, or in any way transmitted via, the Site. You agree that none
of Your Posted Material will contain information or content that (a)
infringes any intellectual property right or other proprietary right of any
third party; (b) reveals trade secrets or any information which you have
agreed, expressly or impliedly, to keep confidential; (c) is obscene,
indecent, defamatory, abusive, or otherwise objectionable; (d) contains a
virus, Trojan horse, time bomb, cancelbot, or any other computer programming
or materials that are intended to intercept information or damage or
detrimentally interfere with the Site or its security; or (e) violates any
applicable law. Additionally, you agree that none of Your Posted Material
will contain information or content that: (i) contains or constitutes
commercial advertising, solicitation, informational announcements, or
political tracts; (ii) constitutes, contains, or encourages "make-money
fast" type messages, "chain letters" or "pyramid schemes" of any type; (iii)
contains false or misleading information; (iv) is purportedly sent from a
person other than yourself (e.g., impersonation of another person or user);
(v) with respect to "chat rooms" or other mechanism for real time dialogue
between users, disrupts the normal flow of dialogue, or posts comments that
are not related to the topic being discussed (unless it is clear that the
discussion is free-form), or (vi) otherwise interferes with other users'
enjoyment of the Site.
7. License to Your Posted Material.
You hereby grant to Jinjinny.com the royalty-free,
non-exclusive, transferable right and license to use, reproduce, modify,
creative derivative works of, publish, translate, distribute, sell, perform,
display, and otherwise exploit Your Posted Material alone or as part of
other works, throughout the universe, in all forms of media or technology
whether now known or later developed. You represent and warrant to
Jinjinny.com that: (a) you have the full and unrestricted right to grant
such rights to Your Posted Material, and (b) Jinjinny.com's exercise of
its rights granted by you hereunder shall not infringe upon any copyright or
other intellectual property right or any proprietary right of any third
party. Jinjinny.com assumes no liability for any of Your Posted Material
or any other Content posted to the Site by a third party. Jinjinny.com
shall have the right, but not the obligation to remove any of Your Posted
Material from the Site that fails to comply with these Terms of Use.
8. User Conduct.
In addition to the restrictions on Your Posted Material, by
using this Site, you agree you will not: (a) reproduce, copy, distribute, or
perform by any means, method, or process now known or later developed any of
the audiovisual works or other works made available on or through the Site,
without the express authorization of the copyright holder in such work; (b)
disrupt or interfere with the security of the Site or any Code or hardware
used in connection with the Site, (c) use or attempt to use another's
account on the Site, (d) mislead others about your identity, (e) use any
automated means to access the Site or collect any information from the Site
(including without limitation robots, spiders or scripts), (f) frame the
Site, place pop-up windows over its pages, or otherwise affect the display
of the Site pages, or (g) use any meta tags or other "hidden text" utilizing
a Jinjinny.com name, trademark, or product or service name. In addition,
you agree that you will comply with all applicable laws that relate to your
use of or activities on the Site.
9. Submissions.
You agree that any submissions, including but not limited to
ideas, comments, suggestions, plans, notes, questions, drawings, original or
creative materials or other information, provided by you to Jinjinny.com
in the form of e-mail or submissions are non-confidential and shall become
the sole property of Jinjinny.com. Jinjinny.com shall own exclusive
rights, including all intellectual property rights, and shall be entitled to
the unrestricted use of these materials for any purpose, commercial or
otherwise, without acknowledgment or compensation to you. The submission of
any materials to Jinjinny.com will irrevocably waive any and all "moral
rights" in such materials, including the rights of paternity and integrity.
10.Changes to Site.
Jinjinny.com may modify, suspend or discontinue any portion
or service of the Site at any time, with or without notice. The Site is
currently accessible to users without charge, however Jinjinny.com
reserves the right to charge for one or more portions of the Site in the
future. (Jinjinny.com will notify you of any fees associated with any
portion of the Site, and require you to subscribe to such portion of the
Site, prior to charging you any fees.)
11. Modifications to Terms of Use;
Additional Terms.
Jinjinny.com reserves the right to modify the Terms of Use
at any time. Any modifications shall be effective upon the earlier of the
posting by Jinjinny.com of the modified Terms of Use at the following URL
URL http://www.Jinjinny.com, or
direct e-mail notification of the changes to you. You agree to review these
Terms of Use periodically so that you are aware of any modifications. Your
continued use or membership of the Site shall be deemed your acceptance of
the modified Terms of Use. You agree that the above-listed standards for
notice of changes are reasonable. Certain services offered by Jinjinny.com
(e.g. free e-mail) are done in conjunction with third parties and have
different or supplemental terms of use applicable to such service. Please be
sure to read any different or supplemental terms that appear when enrolling
for a particular service. To the extent such different or supplemental terms
conflict with these Terms of Use, the different or supplemental terms
applicable to the service for which you are signing up will control. In
addition, Jinjinny.com may offer you additional services or features at
the Site via addenda that supplement (but do not replace) these Terms of
Use. If you agree to such addenda (by clicking the appropriate button), the
terms and conditions contained in such addenda will be incorporated into
these Terms of Use.
12. Failure to Comply with Terms of
Use.
You acknowledge and agree that Jinjinny.com may suspend or
terminate your membership account and/or deny you access to, use of, or
submission of Your Posted Materials for, all or part of the Site, without
prior notice, if you engage in any conduct that Jinjinny.com believes, in
its sole discretion: a) violates any term or provision of these Terms of
Use, (b) violates the rights of Jinjinny.com or third parties, (c) or is
otherwise inappropriate for continued access and use of the Site. In
addition, Jinjinny.com reserves the right to terminate inactive membership
accounts. You agree that upon termination, we may delete all information
related to your account and may bar your access to your account and the
Site.
13. Links
This Site may contain hyperlinks, references and Information
gathered from third party Internet sites that Jinjinny.com does not own or
operate. Such hyperlinks are provided for your reference and information
only. Jinjinny.com makes no warranties or representations regarding the
availability of, or the content located on or through, such sites.
Jinjinny.com does not endorse, sponsor, or review he content contained at
the sites to which hyperlinks on Jinjinny.com web sites are directed, nor
does Jinjinny.com represent that such sites are appropriate for children,
in compliance with laws, or are what they purport to be. Accordingly,
Jinjinny.com does not accept any responsibility or liability for content
contained at such sites.
14. Security.
Although Jinjinny.com intends to use reasonable security
measures with respect to the Site, as with any on-line or electronic
communication or interaction, there is an inherent risk involved in
transmitting any information via the Internet. Jinjinny.com does not and
cannot guarantee that its system is free from hackers or viruses or that
information provided by users to Jinjinny.com will not be stolen or
otherwise surreptitiously obtained. You hereby acknowledge and understand
that such risk is inherent in interacting with any website, including this
Site, and take full responsibility for any harm, danger or damage that
ensues due to any such breach in security.
15. Termination.
You may discontinue your participation in and access to the
Site at any time. These Terms of Use will continue to apply to all past use
of the Site by you, even if you are no longer using it.
16. Disclaimer.
This site, including without limitation, the content, code,
and other materials contained in or accessible through this site are
provided on an "as is" and "as available" basis. Jinjinny.com disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, title, and
non-infringement with respect to all such materials. Jinjinny.com does not
make any warranty that this site or its content, products or services will
meet your requirements, or that the site, code or content will be
uninterrupted, timely, secure, or error free. Jinjinny.com does not make
any warranty concerning the accuracy of the information contained on the
site, any products available for purchase on the site, or the visual or
sound quality of any audio, visual or audiovisual materials offered on or
presented through this site. Jinjinny.com does not represent or warrant
that this site or its server(s) are free of viruses or other harmful
components. Reference to any products, services, processes, or other
information, by trade name, trademark, manufacturer, supplier, or otherwise
does not constitute or imply endorsement, sponsorship or recommendation
thereof by Jinjinny.com. Some states do not allow the limitation or
exclusion of certain warranties or conditions, so the above exclusions may
not apply to you.
17. Limitation of Liability.
You understand that in no event will Jinjinny.com or its
offices, directors, shareholders, parents, subsidiaries, affiliates, agents
or licensors be liable for any consequential, indirect, incidental, special
or punitive damages, whether in an action under contract, negligence or any
other theory, arising out of: (a) your use or inability to use the site, (b)
your reliance on any content, or (c) any goods or sites advertised on the
site; even if Jinjinny.com or any related party has been advised of the
possibility of such damages. In no event will Jinjinny.com or its offices,
directors, shareholders, parents, subsidiaries, affiliates, agents or
licensors be liable to any damages.
18. Indemnification.
You agree to indemnify, defend and hold harmless
Jinjinny.com and its officers, directors, employees, shareholders,
parents, subsidiaries, affiliates, agents, consultants and licensors from
any and all third party claims, liability, damages and/or costs (including
but not limited to reasonable attorneys' fees) arising from: (a) your
failure to comply with these Terms of Use, (b) your infringement or
violation of any intellectual property or other right of a third party, (c)
Your Posted Materials, or (d) your violation of any applicable law.
19. Applicable Law.
These Terms of Use shall be governed by and construed in
accordance with the laws of the State of California, without giving effect
to its conflict of laws provisions. You agree that any action at law or in
equity arising out of or relating to these Terms of Use or your use of the
Site shall be filed only in the Superior Court of Los Angeles County, or the
United States District Court for the Southern District of California, and
you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of such courts over any suit, action or proceeding
arising out of or related to these Terms of User or your use of the Site.
20. Notice.
Notices by Jinjinny.com to you may be given by means of a
general posting at the Site. Notices (including questions, complaints, or
legal notices) by you may be given by e-mail messages or conventional mail,
as follows: (a) Electronic mail (e-mail) must be sent to:
info@jinjinny.com (b) Mail and
courier deliveries must be sent to:
22. Miscellaneous.
These Terms of Use (and any addenda or statements expressly
incorporated into these Terms of Use that you enter into) constitute the
entire agreement between you and Jinjinny.com with respect to your use of
and access to the Site, and these Terms of Use replace all prior or
contemporaneous understandings or agreements, written or oral, regarding
your use of and access to the Site. If any provision of these Terms of Use
is found invalid or unenforceable, that provision shall be enforced to the
maximum extent possible, and the remaining provisions of these Terms of Use
shall remain in full force and effect. The failure by Jinjinny.com to
insist upon or enforce strict performance of any provision of these Terms of
Use will not be construed as a waiver of any provision or right of
Jinjinny.com. These Terms of Use will inure to the benefit of
Jinjinny.com and its successors and assigns.
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