1. Acceptance of Terms: Access to Site
The Web site is located on the World Wide Web at:
http://www.jakanoka.com/
(the "Site"). By
accessing and using the Site and services offered through the Site, including
without limitation, the Jakanoka search engine & directory ("Services"), you acknowledge
that you have read and agree to be bound by and comply with these Terms
of Service and any other terms and conditions posted on any individual
page of the Site (the "Terms").
IF YOU DO NOT AGREE WITH THE TERMS & CONDITIONS, DO NOT ACCESS AND/OR USE THE SITE.
The Terms may be amended by Jakanoka from
time to time without notice to you. You agree to review these Terms from
time to time and that your continued use of the Site constitutes your
acceptance of any such revised Terms. Use of particular services or materials
may be subject to additional terms and conditions that will be made available
to you by Jakanoka in connection with such services or materials.
Jakanoka
may modify or discontinue the Site (or any part thereof) and may remove
materials from the Site with or without notice to you. Jakanoka will not
be liable to you or to any third party for any modification or discontinuance
of the Site or removal of content from the Site. You may not reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Site, use of the Site, or access to the Site.
2. Site Materials:
The Site and its contents are protected by copyright, trademark, patent and
other applicable laws and international treaties. All Site content, including
but not limited to all design, information, artwork, graphics, text, video,
images and the selection and arrangement thereof, the Jakanoka search engine & directory,
related software, Jakanoka technology and any and all other materials ("Content"),
is the sole property of Jakanoka and/or its suppliers, as applicable.
You may not
copy, redistribute, publish, retransmit, transfer, modify or create derivative
works, or in any way commercially exploit, any content on the Site, in
whole or in part. You are not authorized to change or delete author attribution,
trademark legends or copyright notices.
3. Copyrights and Trademarks:
Jakanoka may remove content that appears to infringe the copyright or
other intellectual property rights of others. In addition, Jakanoka may terminate
the accounts of users who appear to infringe the copyright or other intellectual
property rights of others.
If you believe that Jakanoka or any user of our site has infringed your copyright
in any material way, please notify Jakanoka.
Trademarks, other than Jakanoka or the Jakanoka logos, appearing on the
Jakanoka Site are
the property of their respective owners. Nothing on the Jakanoka Site should
be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any trademark displayed on the Jakanoka Site without
the written permission of the trademark owner.
4. Privacy Policy
When you use or access Jakanoka, we automatically receive and store
certain information from your browser, including your IP address; your
browser type; access date and time; the referring Web site address; the
Jakanoka Directory or Search page you requested; and in the case of a
search, the specific search terms requested. We use this information for
purposes of security, to learn more about how Jakanoka is used, and to
improve the quality and usefulness of Jakanoka. We do NOT link any of this
information with personally identifiable information about you, and we do
not share this information with any outside companies.
5. Online Conduct:
You may only use this Site for lawful purposes and in compliance with
all applicable local, state, national and international laws.
Unacceptable
conduct on this Site includes, without limitation:
-) Harming minors in any
way;
-) Interfering with or disrupting the Site or servers or networks connected
to the Site;
-) Violating the regulations, policies or procedures of networks
or Web sites connected or linked to the Site;
-) Attempting to gain unauthorized
access to the Site, other accounts, computer systems or networks connected
to the Site, or attempting to collect or store personal data about other
users of the Site.
6. User Content:
You
are solely responsible for all content that you submit to the Site or
when using the Services, including without limitation, the content of
any queries that you submit to the Jakanoka search engine & directory ("User Content").
You acknowledge that Jakanoka does not pre-screen User Content, but collects
and stores User Content for purposes of recording the frequency and content
of queries and assembling a database of ranked and categorized queries
in order to enhance the Services. You acknowledge and agree that
Jakanoka
may preserve User Content and may also disclose User Content if required
to do so by law or if Jakanoka considers doing so to be reasonably necessary
to
-) comply with legal process;
-) enforce these Terms;
-) respond to claims that any User Content violates the rights of third parties;
or
-) protect the rights, property, interests or safety of Jakanoka, its
users, connected networks or the public.
7. Third Party Content:
This Site contains Content not provided by Jakanoka or its licensors (collectively,
"Third Party Content"). You understand and expressly agree that Jakanoka
assumes no responsibility or liability for Third Party Content. Jakanoka
does not control Third Party Content and as such assumes no responsibility
for the accuracy, integrity or quality of such Content.
Jakanoka is not
responsible for
-) errors or omissions in Third Party Content,
-) offensive, objectionable or defamatory Third Party Content, or
-) loss or damage of any kind incurred as a result of Third Party Content.
Any opinion,
advice, statement or other information or content expressed or made available
by Third Party Content are those of the Third Party and are not endorsed
by Jakanoka, its parents, or subsidiaries, successors and assigns. Under
no circumstances shall Jakanoka or its affiliates, or any of its officers,
directors, employees or agents be liable for any loss, damage or harm
caused by your reliance on information obtained through the Site. It is
your responsibility to evaluate the information, opinion, advice or other
Content available through the Site.
You will bear responsibility for all
risks associated with your use of any Third Party Content posted on or
accessible through the Site.
8. Links
By
accessing the Site and using the Services, you will be provided with links
to and information about other World Wide Web sites or resources. Because
Jakanoka has no control over such sites and resources, you acknowledge
and agree that Jakanoka is not responsible for the availability of such
external sites or resources and does not endorse and is not responsible
for or liable for any content, advertising, products or other materials
on or available from such sites or resources.
You further acknowledge
and agree that Jakanoka shall not be responsible or liable directly or
indirectly, for any damages or loss caused or alleged to be caused by
or in connection with your use of or reliance on any such content, goods
or services available on or through any such site or resource.
Jakanoka offers special links to tell someone about the Jakanoka Service.
You are welcome to tell your friends about the Service, providing this is
not used as spamming.
Jakanoka offers special links to subscribe to the Jakanoka-Newsletter.
If you subscribe to the Newsletter, you will receive periodical information
about Jakanoka and products you may be interested in.
9. Search Box and Banner Exchange
By putting a Jaka-SearchBox on your site, will have
the ability to offer your users a direct access to the content of Jakanoka.
You may put up to one SearchBox on every single site of your homepage (internet
presents).
You acknowledge that the SearchBox and the Banner-Exchange are FREE services
and you agree that Jakanoka is not responsible for the availability of such
any sites or resources opened through the SearchBox or Banner-Exchange
and does not endorse and is not responsible
for or liable for any content, advertising, products or other materials
on or available from sites or resources which are a result of using the SearchBox or Banner-Exchange.
You further acknowledge
and agree that Jakanoka shall not be responsible or liable directly or
indirectly, for any damages or loss caused or alleged to be caused by
or in connection with your use of or reliance on any such content, goods
or services available on or through any such site or resource.
10. Adding or Suggesting a URL to Jakanoka
You are welcome to add a URL to the Jakanoka index or to suggest a site
to the Jakanoka Directory. Therefore you have to follow the appropriate links
and provide all the information requested.
You will bear responsibility for all
risks associated with your added/suggested Site. Currently, adding a site to
Jakanoka is FREE. However, we cannnot make any predictions when or if your added/suggested
site will appear in the index or directory or for how long we keep it in our database.
11. Dealings with Advertisers:
Your correspondence or business dealings with or participation in promotions
of advertisers or businesses found on or through the Site, including payment
and delivery of related goods and services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser/business. You agree that Jakanoka 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 presence of such advertisers/businesses
on the Site. Jakanoka expressly disclaims any endorsement of any businesses,
products or services provided by third parties on or through the Site.
12. Disclaimer of Warranties:
Jakanoka disclaims any and all responsibility and/or liability for the
accuracy, completeness, legality, reliability, operability and availability
of any content or Services available on or through the Site. Jakanoka further
disclaims any responsibility for the deletion, failure to store, misdelivery
or untimely delivery of any information or material. Jakanoka disclaims
any and all harm resulting from downloading or accessing any information
or material on or through the Site and assumes no liability or responsibility
for any errors or omissions in such content. You bear all risk associated
with any content and Services that you access through the Site.
THE SITE AND ALL SERVICES AND CONTENT PROVIDED THROUGH IT ARE PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Jakanoka DOES NOT WARRANT THAT
(a) THE SITE, CONTENT OR SERVICES WILL BE
TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, OR
(b) DEFECTS IN THE SITE,
CONTENT OR SERVICES WILL BE CORRECTED; OR
(c) THE SITE, CONTENT OR SERVICES
WILL MEET YOUR EXPECTATIONS OR NEEDS.
Jakanoka WILL NOT BE RESPONSIBLE
FOR ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, AND DELAYS IN
OPERATION OR TRANSMISSION, COMMUNICATION LINE FAILURE, OR COMPUTER VIRUSES
ASSOCIATED WITH THE OPERATION OF THE SITE, SERVICES OR CONTENT. SOME STATES
DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO PORTIONS OF THE
FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Like the rest of the world, the Internet may contain some material that
is inappropriate for young audiences. There are a number of ways you can
control what your child can see and do online. Please remember that
there is no substitute for parental involvement online.
13. Limitation of Liability:
YOUR
USE OF THE SITE AND USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK.
NEITHER Jakanoka NOR ANY OF ITS OFFICERS, EMPLOYEES, AGENTS OR DOMAIN
(NAME) OWNER(S) WILL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS
OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT
OF OR IN CONNECTION WITH THE SITE, SERVICES OR CONTENT, WHETHER UNDER
A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
WILL THE LIABILITY OF Jakanoka OR ITS AFFILIATES, OFFICERS, EMPLOYEES AGENTS
OR DOMAIN (NAME) OWNER(S) UNDER
ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE
OR STRICT LIABILITY), OR OTHERWISE), REGARDLESS OF WHETHER
SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE
PROVISIONS IN THIS SECTION 10 MAY BE LIMITED BY PROVISIONS OF APPLICABLE
LAW.
14.Indemnity:
By
using this Site, you agree to indemnify Jakanoka and its parents, subsidiaries,
affiliates, directors, officers, employees, agents or domain(name)
owner(s) and hold them harmless
from and against any and all claims, expenses, damages and losses arising
out of or relating to your use of the Site and/or Services, violation
of the these Terms, or violation of the rights of any third party.
15. Termination:
Jakanoka may terminate your access to Services at any time, with or without
notice to you, and delete any and all information, communications or User
Content. Reasons for such termination include, but are not limited to,
conduct that Jakanoka, in its sole discretion, believes violates these
Terms. You agree that Jakanoka shall not be liable to you or any third
party for any termination of your access to the Site or Services.
16. Monitoring of the Jakanoka Site:
Jakanoka will have the right (but not the obligation) to monitor the Site to determine
compliance with these Terms and any Jakanoka operating rules, and to satisfy
any law, regulation or government request.
17. Miscellaneous:
We ask that you bring service problems
to our attention.
If any provision of this Agreement is held by a court of competent jurisdiction
to be invalid or unenforceable, such provision shall be deemed stricken,
and the remainder of the Terms of Service shall continue in full force
and effect. Any waiver by Jakanoka of the performance or satisfaction of
any provision hereof will not be considered to be a waiver of any other
similar or dissimilar covenant or condition hereunder, nor will it be
considered a continuing waiver of the same provision in the future. We
reserve the right to amend, alter or modify these Terms, at any time or
in any manner. No modification of these Terms by you shall be valid or
binding on Jakanoka unless Jakanoka agrees to it in writing. Jakanoka may
in its discretion change or discontinue any aspect or feature of the Site
and Services. Any suggestions to improve our Site and/or Services and
any other information you transmit to us regarding the operation of the
Site/Services are the exclusive property of Jakanoka. You may not assign
your rights or delegate your duties under these Terms at any time. We
may assign our rights and delegate our duties under these Terms either
in whole or in part at any time, in our sole discretion, and without your
consent. The laws of the domain owner(s) residence country shall govern any claim relating to this Site or your
use of this Site. You further agree that any legal action or proceeding
concerning the Site or Services between you and Jakanoka or its affiliates
shall be brought exclusively in a court located in the country
where the domain owner(s) has (have) his/her/their place of living (residence). These Terms constitute
the entire agreement between you and Jakanoka with respect to the use of
the Site and Services and supersedes any and all prior and contemporaneous
agreements and understandings between you and Jakanoka with respect to
your use of the Site and the Services.
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