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Terms & Conditions
This Agreement governs the terms by which members and clients of J2konline.comobtain the right to use digital content through the web site located at www.J2konline.com(the “Site”). By selecting the correct box at the end of this Agreement and typing “I Agree” or otherwise signifying your acceptance, you accept this Agreement either for yourself or on behalf of your employer or the entity that is identified as the content purchaser, and agree to be bound by its provisions. If you are accepting on behalf of your employer or the entity that is the member account holder, you represent and warrant that you have full legal authority to bind your employer or such other entity. If you do not have such authority or you do not accept or agree with these terms, do not accept the Agreement and do not download the Content.
1. In this Agreement: (i) “you” or the “Client” means you or, if you are accepting on behalf of your employer or member account entity, then “you” means that employer or entity and affiliates; (ii) “J2konline.com” or “we” means J2konline.com, operator of the Site; and (iii) “Content” means any digital video footage or other content that you are downloading from the Site, together with any accompanying material.
2. We hereby grant to you a perpetual, non-exclusive, non-transferable worldwide license to use the Content for the Permitted Uses (as defined below). Unless the activity or use is a Permitted Use, you cannot do it. All other rights in and to the Content, including, without limitation, all copyright and other intellectual property rights relating to the Content, are retained by J2konline.com.
3. You may only use the Content for those advertising, promotional and other specified purposes which are Permitted Uses (as defined below). You may not resell or redistribute the Content to other users. Any use of the Content that is not a Permitted Use shall constitute infringement of copyright.
4. Only you are permitted to use the Content, although you may use Content on the total number of theater screens subject to your personal responsibility. Subject to the Prohibited Uses and the other terms of this Agreement, you are entitled to utilize the Permitted Uses an unlimited number of times. You may make one (1) copy of the Content solely for back-up purposes, and you must reproduce all proprietary notices on this single back-up copy.
5. Permitted Uses: Subject to the restrictions described under Prohibited Uses below, the “Permitted Use” of Content includes showing it an unlimited number of times on as few or as many of the screens under your direct authority. You may purchase customized or original content without retaining ownership of said content, or you may purchase customized or original content along with a fee for sole ownership of said content.
6. Prohibited Uses: You may not do anything with the Content that is not expressly permitted in the preceding section, including the following:
o You may not share Content with other theater owners, regardless of whether they are known users of J2konline.com.
o Content (whether stock, customized or original) must be played in its original, downloaded form. You may not extract, edit, alter or otherwise modify Content.
o You may not use or display the Content on websites or other venues, nor may you use the Content in part or in whole in any other media, such as television commercials.
o You may not use any of the Content as part of a trade-mark, design-mark, trade-name, business name, service mark, or logo unless you have paid a licensing fee for said use.
o Content may not be incorporated in any product that results in a re-distribution or re-use of the Content (such as web sites, lobby reels and the like) or is otherwise made available in a manner such that a person can extract or access or reproduce the Content as an electronic file.
o You may not remove or alter any of the advertising or branding elements from any of the Content available for download.
o Any notice of copyright, trade-mark or other proprietary right may not be removed from any place where it is on or embedded in the Content.
o You may not sub-license, re-sell, rent, lend, assign, gift or otherwise transfer or distribute the Content or the rights granted under this Agreement.
o You may not post a copy of the Content on an external network server or web server for use by other users.
o You may not use or display the Content in a format that enables it to be downloaded or distributed via mobile devices or shared in any peer-to-peer or similar file sharing arrangement.
7. This Agreement is effective until it is terminated. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose. The Agreement also terminates without notice from J2konline.comif at any time you fail to comply with any of its terms. Upon termination, you must immediately (i) cease using the Content and for any purpose; (ii) destroy or delete all copies and archives of the Content or accompanying materials; and (iii) if requested, confirm to J2konline.comin writing that you have complied with these requirements.
8. J2konline.comreserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you for your member account, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist.
9. THE CONTENT IS PROVIDED “AS IS” WITHOUT REPESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. J2KONLINE.COMDOES NOT REPRESENT OR WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT IS WITH YOU. SHOULD THE CONTENT PROVE DEFECTIVE, YOU (AND NOT J2KONLINE.COM) ASSUME THE ENTIRE RISK AND COST OF ALL NECESSARY CORRECTIONS.
10. J2konline.com’s entire liability and your exclusive remedy, with respect to any claims arising out of your use of the Content, or out of your actions in downloading the Content, shall be as follows:
o Original or customized Content will not be available for download or on disk unless payment for this Content has been made in full.
o If you encounter any problems downloading the content, or should your copy of the Content become lost, corrupt or otherwise unusable, you may, upon request to J2konline.com, be permitted to download the Content again at no extra cost.
o If you are unable to download Content due to reasons beyond the control of J2konline.com, you may request the Content on disk, subject to a Rs 400 fee (includes overnight shipping to continental- india.).
o Should you decline this arrangement, J2konline.comwill not refund any fees actually paid by you for such Content unless J2konline.comdetermines in its sole and absolute discretion that any problems cannot be resolved via other means.
o IN NO EVENT SHALL J2KONLINE.COMOR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
o IN ANY EVENT, THE TOTAL MAXIMUM AGGREGATE LIABILITY OF J2KONLINE.COMUNDER THIS AGREEMENT, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF ANY OR ALL OF THE CONTENT IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO THE FEES ACTUALLY PAID BY YOU TO J2KONLINE.COMUNDER THIS AGREEMENT IN RESPECT OF THE USE OF THE RELEVANT CONTENT.
11. You agree to indemnify, defend and hold J2konline.com, its affiliates, its Content providers and their respective directors, officers, employees, shareholders, partners and agents (collectively, the “J2konline.comParties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including reasonable legal fees on a solicitor and client basis) incurred by any J2konline.comParty as a result of or in connection with any breach by you or anyone acting on your behalf of any of the terms of this Agreement.
12. General Provisions
o J2konline.com’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.
o This Agreement is personal to you and is not assignable by you without J2konline.com’s prior written consent. J2konline.com may assign this Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
o If all or part of any provision of this Agreement is wholly or partially unenforceable, the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place of such whole or part provision an enforceable provision or provisions, that as nearly as possible reflects the terms of the unenforceable whole or part provision.
o You agree to pay and be responsible for any and all sales taxes, use taxes, value added taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.
o This Agreement will be governed under the laws of the State of Wyoming and the federal laws of the United States of America applicable therein (without reference to conflicts of laws principles). This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time.
13. If you have concerns relating to this Agreement, please contact J2konline.com at firstname.lastname@example.org or via phone at +918719916511.
14. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. IN CONSIDERATION OF J2KONLINE.COMAGREEING TO PROVIDE THE CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND J2KONLINE.COM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND J2KONLINE.COMRELATING TO THE SUBJECT OF THIS AGREEMENT.