Updated and Effective as of April, 2020
Jingleways and its subsidiaries (‘jingleways’, ‘We’, or ‘Us’) takes pride in offering our users, who are valued customers, state-of-the-art, high quality, online services. However, owing to the unique nature of the services we provide, and the ever-evolving state of technology, it is virtually impossible for us to offer a perfect system. Additionally, jingleways’s function in providing these services is that of a facilitator and, as a result, we are highly dependent on data which is submitted to us by others.
In accessing, utilizing or patronizing our Websites, including content, functionality, products and services offered on or through jingleways’s network, whether as a guest of registered user, you consent to being bound by said Terms. There may be instances where jingleways offers features, services or products with their own terms and conditions, which will apply in addition to these Terms. In such instances, the terms specific to said feature, service or product will prevail over these Terms in the event of any conflict.
In order to make clear to our users what our legal obligations are, we are obliged by law to ask you to read and review this disclaimer carefully, particularly the passages in bold, which pertain to legal requirements in certain states.
For reasons we outlined above, this service is provided to you “as is”. This means that jingleways does not take any responsibility for any difficulties you may encounter using the service. Furthermore, the service is offered to you without warranty or any implied warranty.
jingleways reserves the right to terminate your account, delete your profile, delete any content or information that posted on the service and/or prohibit you from using or accessing the service for any reason, or no reason, at any time in its sole discretion, with or without notice.
jingleways makes no representations whatsoever about any other website which you may access through our website. jingleways has no control over the content or claims of websites outside the jingleways domain and neither endorses nor accepts liability for the content of such websites.
This disclaimer is not intended to contravene any requirements laid down in applicable national law nor to exclude liability for matters, which may not be excluded under that law. In countries and states that do not permit exclusion or limitation of incidental or consequential damages, jingleways’s liability is limited to the greatest extent permitted by law.
If you do not accept these terms and conditions in full, you must terminate the use of these online-services immediately.
jingleways wants to highlight that when we suggest an upgrade to our customers, on the basis of which customers choose to break the seal on their PC case, causing them to render their manufacturers’ warranty as null and void, breaking of the seal or nullification of warranty is based upon the customer or user’s decision only, and is their sole legal responsibility.
While we at jingleways take every measure possible to ensure the quality of the services we offer you or recommend to you, jingleways does not warrant that the functions contained in the software or other products recommended by us will meet your requirements, or that the operation of the software will be uninterrupted or error-free, or that defects in the software or other products will be corrected. No oral or written information, recommendation or advice given by jingleways, its directors, officers, employees, affiliates or authorized representatives of jingleways shall create any such warranty.
Furthermore, the service is offered to you without warranty or any implied warranty. jingleways is not responsible for the actual graphic card, or other product or service you may choose to purchase or not purchase on the basis of our recommendations. jingleways disclaims any and all loss or liability related to customers’ use of the jingleways website; recommendations given on jingleways’s website; or hardware purchased via our website, device, or this agreement. jingleways expressly disclaim any and all warranties including, but not limited to, the implied warranties of design, merchantability, fitness for a particular purpose, or title, any warranties arising from a course of dealing, usage, or trade practice, or any warranties of non-infringement of any third party’s patents, trade secrets, copyrights or other intellectual property rights. jingleways, its representatives and licensors will not be liable for any damages (including direct, indirect, incidental, consequential, special or punitive).
As a result of the aforementioned, jingleways will NOT be liable, or held accountable for, amongst other things, any loss of data, hardware or software or any liability resulting from access delays; access interruptions; viruses; hackers; crackers; data non-delivery or mis-delivery; negligent acts, grossly negligent acts or omissions; errors in any information, goods, or documents obtained due to a recommendation by jingleways; Force Majeure events (in some jurisdictions known as act of God), or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other, whether arising out of or in connection with the use or performance of the sites and online services.
In plain English: jingleways is making recommendations and/or providing services for the benefit of its users and visitors, and while jingleways does everything possible within its power to provide users with the best possible data, jingleways cannot and does not give any guarantee for the products recommended and/or purchased via the Sites or links on the Sites.
2. COMMUNICATION, POSTS, AND SUBMISSIONS
jingleways reserves the right to review all submitted communication, media, and other materials prior to submission to the Sites, and consequently reserves the right to remove any such submission for any reason, at any time, without prior notice, in its sole discretion. We do not undertake a positive obligation to review all submissions prior to their posting on the Sites, and as such cannot ensure prompt removal of submissions which may be objectionable, nevertheless endeavour to remove them at the earliest possible convenience. Accordingly, jingleways assumes no liability for any action or inaction regarding any such submissions provided by users or third-parties. jingleways assumes no liability or responsibility for the performance or non-performance of the activities described within this section.
Where customers submit comments, ideas, or feedback to us, they are ours to use without restriction or compensation to users. Our Sites may contain functionality (including blogs, Forums, and message boards) which allow individuals to upload and post comments and/or content to our Sites (known collectively as ‘Forums’). By using the site, customers agree not to upload or transmit communications or content of any type to these Forums that either infringe upon, or violate the rights of any party, or else violate any applicable laws. By submitting communications or content to the Forums, users agree that any such submission is non-confidential for all purposes.
Where customers utilize forum functionality, they alone are solely responsible for the communications, and any such consequences arising from such communications.
jingleways, its employees, contributors and subcontractors are not responsible either in fact or law, for the content and statements posted in the Forums, and have no liability for any direct, indirect, incidental, special or consequential damages, loss of profits, or injuries resulting from use of the Forums, or reliance on the information and/or content posted in the Forums.
B. Copyrights, Posts/Submissions, and DMCA Policy
Users of the Sites agree to post or upload only that content, such as but not limited to articles, code, photos, video, or audio, that is the intellectual property of the user, or, in the alternative, content which neither violates nor infringes any patent, trademark, trade secret, copyright, privacy, or any other intellectual property or other rights of any other legal or natural persons.
In uploading content to either the Sites or the Forums, users positively affirm the following:
Said user warrants that they have explicit permission from the content owner, and, where appropriate, all those appearing in the content, for the user to post such content to the Sites and/or Forums.
Grant to jingleways non-exclusive, global, remuneration-free license in perpetuity to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute said content.
Agree to indemnify jingleways and its directors, officers, employees and affiliates from harm, including claims, expenses, fees and costs, arising from the content and/or failure for users’ compliance with these Terms.
In the event that a user believes material posted on, or linked within, either the Sites or Forums, violates a user’s copyright, a Digital Millennium Copyright Act Notice, or similar, dependent upon jurisdiction, should be sent to us as notice of copyright infringement at email@example.com. Please note that jingleways reserves the right to terminate user access to the Sites and Forums, and, in the event that individuals are determined to be repeat violators of copyright or other intellectual property, access will be terminated.
Engaging in targeted abuse or harassment on the Sites and/or Forums will not be tolerated, and any such behavior, comments, actions or other will remain the sole liability of the poster.
A. Abusive Behaviour
The following abusive behaviours violate these Terms and may result in jingleways taking action against the individuals responsible. jingleways reserves the right to modify this list at any time, in its sole discretion.
Targeted Harassment and/or Incitement of Harassment: Users may not engage in harassment, bullying and/or threatening behaviour, and may not incite others to engage in any such activities. Users of the Sites or Forums may not engage in behaviour which subjects individuals to abuse, harm, or the threat or abuse and harm, sexualization, or harassment in any other way; doing so will leave the user liable for permanent banning from the Sites or Forums, and/or their content to be removed as deemed appropriate by jingleways. In emergent situations, jingleways may escalate imminent threats of harm to law enforcement. jingleways does not assume any liability for online harassment and reminds its users that online harassment is illegal in a multitude of jurisdictions where there may be serious legal consequences for the harasser.
Threatening or Inciting Violence: Users may not post content containing threats of physical harm directed towards a specific person or group of individuals, and/or post content which depicts graphic or gratuitous violence. The incitement or encouragement of attack on anyone based upon their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or any other protected characteristic is NOT allowed. Individuals engaging in such behaviour leave their content liable for removal and their accounts liable for permanent ban at jingleways’s discretion. Individuals who happen upon such posts should immediately contact jingleways to make them aware of any such content.
Impersonating Others: You may not impersonate others in a manner that either does in fact, or intends to, mislead and/or deceive others, or misrepresent the users’ affiliation with any person and/or organization. Individuals engaging in behaviour which either portrays another person or intends to portray another person may be banned from the Sites and/or Forums.
Unauthorized Posting of Personal and Confidential Information: Users are reminded that they are not to distribute other peoples’ personal and confidential information, such as but not limited to credit card numbers, confidential national ID numbers, account passwords or any other private or confidential information without their permission. Individuals engaging in any such behaviour may be banned from the Sites and/or Forums, and their content may be liable to be removed. jingleways does not assume any liability for the unauthorized posting of an individual’s information by a user.
Malicious and Deceptive Practices: Users may not transmit viruses, malware, any other malicious or destructive code, content which harms or interferes with the operation of networks, servers or other infrastructure of jingleways or its affiliates. Users may not distribute content which either harms or interferes with the operation of networks, servers, infrastructure and the such, of jingleways, its affiliates, or third-parties. jingleways’s services may not be utilized for phishing scams, or harvesting, scraping, or otherwise collecting information about others, including but not limited to email addresses and other data, without their identification and/or consent. Users may not post any content which gives the impression that it emanates from, is endorsed by, or is the product of jingleways, its affiliates, or third-parties where it is duplicitous.
Posting Illegal Content: Posting illegal content is strictly prohibited, whether in the form of words, media, or of any kind, which contains expressions of hate, abuse, pornography, or are deemed sexually explicit, including content that exploits or abuses children, or any other material that could give rise to any civil or criminal liability under applicable law or regulations. This includes any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable. jingleways does not take responsibility for any such posts culminating from users.
Promoting or Participating in Illegal Activities: Users may not use our Sites or Forums to engage in illegal activities, or to advocate, promote, or assist in unlawful activities in any such way. jingleways does not accept liability for any such posts.
Spam: Users may not use our Sites or Forums to spam, including by sending unwanted promotional or commercial content, or unwanted or mass solicitations.
Account Hijacking: User may not access another user’s account without their permission.
Miscellaneous: Engaging in any other conduct that restricts or inhibits any other person from using or enjoying at any such time, the Sites or Forums, or which, in the judgment of jingleways, exposes jingleways or any of its directors, employees, customers or affiliates, to any liability or harm of any kind.
B. Enforcement Against Abusive Behaviour
jingleways reserves the right to take action in response to any abusive behaviour on the Sites or Forums including, but not limited to:
Recording dialogue and/or exchanges made in Forums.
Investigating allegations that a communication does not conform to either the Terms, any other jingleways policy, or any such applicable laws, reserving the sole discretion as to whether or remove, or request the removal of, said communication.
Remove content which does not conform to these Terms and/or any jingleways policy.
Terminate an individual’s access to the Sites and/or Forums upon the breach of these present Terms.
Monitor, edit, or disclose any communication in the Forums.
Edit or delete any communication posted on the Sites and/or Forums, regardless of whether such content violates these standards
C. Reporting Abusive Behaviour
If You have become the target of abusive activity or are seeing it take place in a profile on the Website or in a discussion Forum, please report the user to jingleways by using the Contact Us section of the website, and by alerting Forum moderators to the offending or abusive activity.
Jingleways seeks to remind users that except for where stated explicitly, the contents of the Sites and Forums are the sole property of jingleways, and as such, may not be copied, distributed, displayed, altered, modified, reproduced, or transmitted, in any form or by any means, including but not limited to, photocopy, electronic, printed, or otherwise without the prior, written permission of jingleways.
Any jingleways corporate names, slogans, logos, products or services contained on the Sites are the registered, or unregistered, trademarks or service marks of jingleways, or in the alternative, are used by the Sites with the permission of their respective owners. The use, copying, or alteration of any trademark, without the express prior written consent of jingleways, or the registered owners, is strictly prohibited, and jingleways does not assume liability for any users’ violation of any such trademark or service mark.
5. THIRD PARTY LINKS AND WEBSITES
The Sites contain links to third party websites, apps, services, and resources (collectively known as “Third Party Services”) which are not under the control or liability of jingleways. These links and sources are provided to users for their convenience, however, jingleways is not responsible for the content, product, services, or the like which are available from third parties. If users decide to access third party services, they do so at their own risk, and subject to the terms and conditions of said services, and not under the present Terms.
6. BREACHES OF THESE TERMS
Without prejudice to jingleways’s rights under these Terms, any incorporated documents and/or policies, and any other policies of jingleways, in the event that users violate or breach the present terms in any way, jingleways reserves the right to take such action as we deem appropriate in order to deal with the breach. These such actions include, but are not to be limited to, the removal of content posted by users, suspension of access to the Sites and/or Forums, prohibition of access to the Sites and/or Forums, and any legal action which may arise, including but not limited to court proceedings against the offending user.
You expressly agree that exclusive jurisdiction for any dispute with jingleways resides in the courts of the jurisdiction of ‘Dubai, United Arab Emirates’ Users further expressly consent to exercising personal jurisdiction in the courts of ‘Dubai, United Arab Emirates’ where in connection with any such dispute involving jingleways, its affiliates, subsidiaries, officers, directors, employees, or providers.
These Terms are governed by the domestic substantive laws of ‘Dubai, United Arab Emirates’. If any such provision of these Terms is found to be inapplicable or invalidated by any court which holds competent and valid jurisdiction, the inapplicability or invalidity of any such term will not affect the validity of the remainder of these Terms, which will remain enforceable and in full effect.
10. WAIVER AND SEVERABILITY
Any failure of jingleways to assert a right or privilege under the present terms shall not constitute a further or continuing waiver of any such term or condition set forth in the present Terms. If any provision of these terms is held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, any such provision will be eliminated or limited to the minimum extent possible, so that the remaining provisions of these Terms will remain in full effect.
If You have additional questions about these Terms, please contact us at firstname.lastname@example.org or through the Contact Us section of the website.