This terms of service agreement (hereinafter referred to as the "Agreement") sets forth the contractual agreement between Juggletime Ltd.(referred to herein collectively as "Juggletime," "Juggletime.com," "we," "us," "our") and you (referred to herein collectively as "company," "you," "your", "customer", "service provider", "user" and/or "registered user") who agrees to the terms of this agreement by clicking the "I Accept the terms and conditions stated above" checkbox on the User Registration form and when finalising contractual agreements.
The following are the terms and conditions for use of the Juggletime services (including but not limited to, use of this website and any other related services). The terms and conditions apply to all services offered by Juggletime.
By registering or logging into the juggletime you agree to abide by our most recent Terms and conditions as they appear on the website.
The Juggletime service and all related services offered through this website are offered on the condition you accept (without any modification) the terms and conditions contained in this Agreement.
If you do not accept the terms and conditions contained in the Agreement in their entirety, you are not permitted to use this website.
1. PROTECTION OF COPYRIGHTS AND TRADEMARKS
Everything you see or read in publicly viewable areas of the Website that was not furnished or received by you (such as images, photographs, illustrations, text and other materials) ("Website Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, resubmit or otherwise use any of the Website Content in any way for any public or commercial purpose without prior written consent of Juggletime who may obtain permission from the rights holder. You may not use the Website Content on any other website or in a networked computer environment for any purpose except your own personal viewing.
2. OWNERSHIP
The website and all intellectual property rights related to the website, including but not limited to copyrights, trademarks, service marks and any feedback left by users on the website, are owned or licensed by Juggletime, and all right, title and interest in the website and the related intellectual property rights remain the property of Juggletime. You may not reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the website or any related intellectual property, including any services provided via the Juggletime website.
3. RELATIONSHIP OF PARTIES
Your relationship and correspondence with users on the Juggletime site, including the development 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 user. You agree not to hold Juggletime 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 users of the website.
4. MODIFICATION OF SERVICE
Juggletime reserves the right to modify, add, or remove any or all of the services and features of the website at any time.
5. INDEMNIFICATION
You agree that you shall indemnify, defend and hold harmless Juggletime and its officers, directors, employees, agents, owners and shareholders from and against any costs, expenses (including, among other expenses, reasonable legal fees and expenses), losses, damages (specifically including, but not limited to, incidental, consequential, exemplary, special, indirect or punitive damages), suits, claims or liabilities incurred and arising from or relating to your use of Juggletime services.
7. ASSIGNMENT
You shall not sell, transfer, or assign this Agreement without the prior written consent of Juggletime or any other party with whom you are contracting. Any unauthorised transfer or assignment shall be null and void. Juggletime has the right to transfer or assign this Agreement to any other person or entity without your consent.
8. MODIFICATION
This Agreement may be modified by Juggletime at any time. It is your responsibility to periodically review any updates to this agreement to determine if any modifications affect you or your business.
9. GOVERNING LAW
These Terms of Service shall be governed by and constructed in accordance with the laws of England and Wales and any disputes will be decided only by the Courts of England and Wales. If any provision of this Agreement shall be held invalid or unenforceable in whole or in part for any reason, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of any of the remaining provisions of this Agreement.
10. LEGAL FEES AND COSTS
If any action is brought by you against Juggletime under this Agreement, and Juggletime prevails, Juggletime shall be entitled to recover from you its actual costs and reasonable legal fees and all other litigation costs, including expert witness fees, and all actual legal fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment.
11. TERMINATION FOR IMPROPER USE
Infractions of this Agreement or the Acceptable Use Policy by you can result in immediate termination of your accounts without reimbursement. Juggletime reserves the right to enforce decisions of this nature and does not have to provide an explanation.
12. ACCEPTABLE USE POLICY
As consideration for use of the Juggletime website pursuant to this Agreement, you agree to the following stipulations relating to acceptable use of the Juggletime website. You agree not to use the Juggletime website to:
A. Intentionally or unintentionally violate any national or international law, including, but not limited to, any regulations having the force of law.
B. Impersonate any person or entity, including, but not limited to, a Juggletime official or employee or falsely state or otherwise misrepresent your affiliation with a person or entity;
C. Employ misleading e-mail addresses or falsify information in the header, footer, return path or any part of any communication, including e-mails, transmitted through the Juggletime website;
D. Upload, post, e-mail, otherwise transmit or post links to any content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
E. Upload, post, e-mail or otherwise transmit or post links to any content that facilitates hacking;
F. Upload, post, e-mail, otherwise transmit or post links to any content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy;
G. Upload, post, e-mail, otherwise transmit or post links to any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, except in those areas that are designated for such purposes;
H. Upload, post, e-mail, otherwise transmit or post links to any material that contains software viruses, worms, trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Juggletime website;
I. Upload, post, e-mail, otherwise transmit or post links to any content, or select any member or user name or e-mail address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of privacy or publicity rights, hateful or racially, sexually, ethnically or otherwise objectionable;
J. Upload, post, e-mail, otherwise transmit or post links to any content that promotes illegal activity, including without limitation the provision of instructions for illegal activity;
K. Collect or store personally identifying information about other users for commercial or unlawful purposes;
L. Upload, post, e-mail or otherwise transmit or post links to any material, or act in any manner that is offensive to these stipulations of acceptable use.
13. PRIVACY AND CONFIDENTIALITY
A. Your use of the website and the services provided therein is governed by the terms of this Agreement and the Juggletime Privacy Policy, which is incorporated in its entirety by reference into this Agreement. The Privacy Policy is posted on the website and may be updated or revised from time to time. If at any time you are not in compliance with the Privacy Policy, we have the right to terminate your rights of use and access to the website and to terminate this Agreement. We may be required by law to disclose information to government authorities, law enforcement agencies or third parties, upon subpoena, and you authorise us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
B. Any Login Identification (Login Name) and password, and any authorisation codes or similar verification identifiers should be maintained by you as confidential and should not be disclosed to third parties.
14. FEES
Juggletime.com does not currently charge Service Providers for creating a profile on the site. Service Providers WILL NOT be charged for profiles or services previously created on juggletime. No additional fees will be imposed without prior knowledge and consent from the benifactor. Juggletime.com reserves the right to introduce fees at any time, upon reasonable notice posted in advance on this Website. The renewal charges for a profile will be the same as the regular fees, unless otherwise notified in advance.
Any payments for the use of juggletime.com and it`s services will be made through Paypal. Failure to complete the payment process may result in profiles not being listed on the site. Further attempts to add more profiles may result in account suspension.
The `Customer` is not liable to pay any fees for the use of the services on Juggletime.
15. WARRANTIES
We (and our subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
16. LIMITATION OF LIABILITY
YOU AGREE TO USE THIS WEBSITE, ANY OR ALL OF OUR SERVICES PROVIDED ON IT, OR LINKS FROM OUR WEBSITE AT YOUR OWN RISK. Juggletime is not responsible or liable for any LOSS WHATSOEVER that you may incur by using our services or any material from our website.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our, agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these terms and conditions.
We (including our subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
Our liability to you or any third party, and the liability of our parent, subsidiaries, affiliates, officers, directors, agents and employees, in any circumstance is limited to the greater of (a) the total fees you have paid to us in relation to the listing or other service offered giving rise to liability, and (b) £100.
17. INFORMATION POSTED ON THE JUGGLETIME WEBSITE
A. You are solely responsible for information that you post on the Juggletime website, including but not limited to any posting or listing in any message area or through email. You grant Juggletime a non-exclusive, full, royalty free, irrevocable right to exercise all copyright and publicity rights with respect to information you post on the Juggletime website. Juggletime does not endorse any information posted by users and we are not liable for any information posted by users on our website, including but not limited to any information posted about you. Juggletime reserves the right to take any action with respect to information posted on our website which we believe is appropriate in our sole discretion with respect to such information, including but not limited to termination of this Agreement. However, Juggletime cannot, and we do not, control the information provided by you or other users or other content providers that is made available through our website and services. Other users` information may be offensive, harmful, inaccurate, or in some cases may be mislabelled or deceptively labelled. In addition, Information on the Juggletime website is provided "AS IS" “WHERE IS,” and may contain errors.
B. The Juggletime website may provide links to other websites as part of the services and content on this website. These links will allow you to leave this website. Any non-Juggletime website is independent from Juggletime and Juggletime has no control over the content of any such sites. Juggletime is NOT RESPONSIBLE OR LIABLE for any content on or any changes to these external websites. Juggletime makes no representations whatsoever about any other website that you may access through the Juggletime website.
C. You understand and agree that by providing a link to a non Juggletime (any website outside the Juggletime.com domain) website, Juggletime DOES NOT ENDORSE OR ACCEPT ANY RESPONSIBILITY for the content, or the use of such sites. You also understand that it is solely your responsibility to make sure that any non-Juggletime website you may access through the Juggletime website or services is free from any content of destructive nature including but not limited to robots, viruses, Trojan horses, time bombs, trapdoors and worms. Juggletime is not responsible or liable for any material or transmission that you may receive (both electronic and non-electronic) from any of these other websites. Juggletime WILL IN NO EVENT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR USE OF ANY HYPER LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF ANY DATA OR OTHER PROGRAMS, ANY LOST PROFITS, ANY LOST BUSINESS OR LOSS OF ANY OTHER NATURE WHATSOEVER, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.
18. ENTIRE AGREEMENT
The parties acknowledge that this agreement, and any modifications to this agreement, constitute the complete agreement regarding this subject and supersedes any prior oral or written communications relating to this subject.