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Published on Jade Connections (http://jadeconnections.com)

Terms of Service

Last Updated: November 6, 2008

Welcome to the Jade Connections Website!

  
Please take the time to read these Terms of Service, as it is important to understand our contractual relationship relating to your use of Jade Connections services.  
  

1.  Legal Agreement; Parties; Subject Matter; Terms; Amendment of Terms
This is a Legal and Binding Agreement (hereinafter referred to as "Agreement") between Jade Connections and all subdomains of same, owned and operated by Jade Networks International, and each and every Member of  Jade Connections and all subdomains of same, owned and operated by Jade Networks International.

Hereinafter, "Jade Connections and all subdomains of same, owned and operated by Jade Networks International" are collectively referred to as "JC Website and Services".

Hereinafter, "each and every Member of  Jade Connections and all subdomains of same, owned and operated by Jade Networks International" are collectively referred to as "Member(s)".

This Agreement between JC Website and Services, and Member(s), states the Terms of Service, Rules and Policies (hereinafter "Terms of Service, Rules and Policies" are collectively referred to as "Terms") that govern the Member(s) use of the Service(s) provided by the JC Website and Services.

JC Website and Services reserves the right, at any time and from time to time, to update, revise, supplement, and/or otherwise modify this Agreement and to impose New and/or Additional Rules, Policies, Terms of Service and/or Conditions on the Member(s)' use of JC Website and Services.  (Hereinafter "New and/or Additional Rules, Policies, Terms of Service and/or Conditions" are collectively referred to as "Additional Terms").  Any such updates, revisions, supplements, modifications, and/or Additional Terms shall become effective immediately and be incorporated into this Agreement in full.  The Member(s)' continued use of the JC Website and Services following such updates, revisions, supplements, modifications, and/or Additional Terms will be deemed to constitute the Member(s)' acceptance of any and all such updates, revisions, supplements, modifications, and/or Additional Terms.
  

2.  Notification of Amendment and/or Additional Terms to Agreement
JC Website and Services will notify Member(s) by email to their registered email address, of any updates, revisions, supplements, modifications, and/or Additional Terms to this Agreement on JC Website and Services as they happen. Each time Member(s) use(s) JC Website and Services, Member(s) will be bound by the then current Terms.  Member(s) should review these Terms on a reasonable basis to ensure that Member(s) are in compliance with the Terms of this Agreement.
  

3.  Severability
These Terms shall be deemed severable.  In the event that any provision of any of the Terms is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceability of any other remaining provisions.
  

4.  Headings
The headings used in these Terms are included for convenience only and shall not define, extend, limit or otherwise affect these Terms.
  

5.  Eligibility; Membership
Member(s) of JC Website and Services must be Sixteen (16) years old or over at the time they register.  By registering as Member(s) of JC Website and Services, Member(s) warrant that they have the right and capacity to enter into the above referenced Agreement and to abide by all the Terms.

Individuals who registers with JC Website and Services become Member(s) within the Terms of this Agreement.  Member(s) found to be in any way abusive of any of the services of JC Website and Services may have their membership suspended or cancelled.  JC Website and Services reserves the right to cancel the membership of Member(s), without prior notice, and with immediate effect.

Please note that  Member(s) cannot have more than one account with JC Website and Services for safety and privacy reasons.
  

6.  Assignment and/or Delegation of Member(s)' Rights Prohibited
The Terms and/or Additional Terms of this Agreement are between JC Website and Services and Member(s).  Member(s) is/are not entitled to assign and/or deligate Member(s)' rights under the Terms and/or Additional Terms.  This provision includes, but is not limited to, the right of Member(s) to contribute to those parts of JC Website and Services that include Member Contributor Content.
  

7.  Notices
JC Website and Services may send Member(s) Notice(s) with respect to this Agreement by sending Member(s) an email message to the email address specified by Member(s) in Member(s)' account contact details, or by a posting on the JC Website and Services public forums.  Notices shall become effective immediately.
  

8.  Account Suspension / Termination
In the event that Member(s)' account is not used for a period of one hundred and eighty (180) consecutive days, JC Website and Services has the right to put Member(s)' account on hold and Member(s) will be notified.  If, after an additional thirty (30) days Member(s)' account still has not been used, Member(s)' account will be terminated together with any content. Member(s)' account name will then also be made available to the general public for re-use.
  

9.  Criminal and/or Tortious Activity Expresslyl Prohibited
JC Website and Services expressly prohibits Criminal (Illegal) and/or Tortious activity(ies) from being conducted, advocated, solicited, and/or in any other way engaged in, by and/or through, and/or in any other way connected with, JC Website and Services .  Prohibited Criminal (Illegal) and/or Tortious activity(ies) include(s), but is/are not limited to, the following: child pornography, fraud, trafficking in obscene material, drug dealing, gambling, copyright infringement(s), trademark infringement(s), patent infringement(s), and/or theft of trade secret(s).

JC Website and Services expressly reserves the rights to investigate and to take the appropriate legal action against Member(s) and/or others who, in JC  Website and Services' opinion and sole discretion, violate this provision and/or are found to be in violation of this provision, including, but not limited to, the reporting of any violation(s) to law enforcement authorities. 
  

10.  Member Content; Code of Conduct for Content; Objectionable Material
In line with our policy and desire to make JC Website and Services and, particularly, all public areas such as the JC Website and Services discussion group forums and email lists a clean and friendly place, Member(s) who post offensive content and/or content violative of the Terms and/or who behave in an otherwise anti-social manner are subject to having their membership suspended and/or cancelled, without prior notice, and with immediate effect.

Member(s) should be aware of the following:

Member(s) further understand that by using the JC Website and Services, Member(s) may encounter content that may be found to be, and/or is deemed to be, offensive, indecent, and/or objectionable, and/or which content may or may not be identified as having explicit language.  Nevertheless, Member(s) agree(s) to use JC Website and Services at Member(s)' SOLE RISK, and, Member(s) understand(s) that JC Website and Services has no liability to Member(s) for content that may be found to be and/or is deemed to be offensive, indecent, and/or objectionable and/or which content may or may not be identified as having explicit language.

Member(s) agree(s) that the administrators, moderators, and/or webmaster of JC Website and Services have/has the right to remove, edit, move or close any content posted by Member(s) on JC Website and Services at any time should same be found to be, and/or deemed to be, criminal, tortious, offensive, indecent, and/or objectionable according to reasonable community standards, illegal in and of itself, and/or is in any other way inappropriate for JC Webiste and Services.

While the administrators, moderators, and/or webmaster of JC Website and Services will attempt to remove or edit such objectionable content  as described above as quickly as is possible, some objectionable content may nevertheless slip by either whole or in part.  Member(s) acknowledge(s) that any and all content posted by Member(s) on JC Website and Services express the views and opinions of the author Member(s) and not the administrators, moderators or webmaster (except for specific posts by such individuals) and JC Website and Services will not be held liable.

Other than personally identifiable information, which is covered under the JC Website and Services Privacy Policy [1], any material that Member(s) post on JC Website and Services or through JC Website and Services will be considered non-confidential and non-proprietary.  JC Website and Services will have no obligation(s) with respect to such materials. JC Website and Services and/or its designees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied there for any and all commercial or non-commercial purposes.

The IP address of all posts made by Member(s) is recorded by JC Website and Services to aid in enforcing these conditions.  Member(s) agree(s) to any information entered by Member(s) on JC Website and Services being stored in a database.  While this information will not be disclosed to any third party without Member(s)' consent (in the absence of a Court Order), the administrators, moderators, or webmaster cannot be held responsible for any hacking attempt that may lead to the data being compromised.

JC Website and Services systems use cookies to store information on Member(s)' local computer. These cookies do not contain any of the information Member(s) has/have entered above; they serve only to improve Member(s)' viewing pleasure. The e-mail address is used only for confirming Member(s)' registration details and password and to assist any necessary administrative communication  which may arise, i.e notification of pending account termination or changes to the Terms; issuance of new password(s) to Member(s) should the need arise.
  

11.  Member Names
Any Member Name (handle) chosen by Member(s) for identification and/or use on JC Website and Services containing references of a sexual or racist nature or otherwise rude and/or offensive to the community will not be allowed.  This also applies to trade or copyrightable names   If a name is initially allowed, but it is later brought to the attention of JC Website and Services that that name is protected by copyright or otherwise protected by law, the name will be deleted and Member(s) will be asked to choose a new name. 
  

12.  Member Disputes; Offline Meetings
Member(s) is/are solely responsible for their interactions with other Member(s), and JC Website and Services has no obligation to monitor disputes between Member(s).

It is up to each individual Member if and when that Member meets another Member or Members offline.  Any offline meeting between Member(s) of JC Website and Services including Member(s) organized events or JC Website and Services organized events is purely the responsibility of each individual Member.  However, we strongly recommend caution if Member(s) plan(s) to do so.
  

13.  Service Access
While JC Website and Services is normally available 24 hours a day, JC Website and Services will not be liable if for any reason it is unavailable at any time for a particular period. Access to JC Website and Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond its control.   We also reserve the right to add or remove certain services on the website.
  

14.  Complaints
If  Member(s) has/have any complaint(s) regarding JC Website and Services, JC Website and Services asks that Member(s) please contact us at suggestions@jadeconnections.com [2].
 

15.  Disclaimer of Warranties; Liability Limitations

 

16.  Waiver and Indemnity
By using JC Website and Services, Member(s) agree to indemnify and hold JC Website and Services, its directors, officers, employees, affiliates, agents, contractors, and licensors, harmless with respect to any claim(s) arising out of Member(s)' breach of this Agreement, Member(s)' use of JC Website and Services, or any action taken by JC Website and Services as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred. This means that Member(s) cannot sue or recover any damages from JC Website and Services, its directors, officers, employees, affiliates, agents, contractors, and licensors, as a result of its decision to remove or refuse to process any information or content, to warn Member(s), to suspend or terminate Member(s)' access to JC Website and Services, or to take any other action during the investigation of a suspected violation or as a result of JC Website and Services' conclusion that a violation of this Agreement has occured. This Waiver and Indemnity provision applies to all violations described in, or contemplated by, this Agreement.
  

17.  Hypertext Links
This website may be linked to or from other websites that are not maintained by JC Website and Services.  JC Website and Services is not responsible for the content of those websites. The inclusion of any link to or from such websites does not imply endorsement, sponsorship or recommendation by JC Website and Services of the websites and JC Website and Services disclaims any warranty (expressed, implied or otherwise howsoever arising) about the content and operation of these sites. JC Website and Services disclaims any liability for links: (i) from another website to JC Website and Services; and (ii) to another website from JC Website and Services.
  

18.  Use of Member Contact Information
Member(s) agree(s) and consent(s) that JC Website and Services may use Member(s)' contact information (i.e., e-mail, postal address and/or other contact details) in order to contact Member(s) with regard to Member(s)' use of JC Website and Services including, but not limited to, the following:  welcome emails, confirmation emails, technical service announcements, and any other emails, bulletins, and/or announcements JC Website and Services deems necessary to send to JC Website and Services Member(s) to ensure the continuous smooth and safe maintenance of JC Website and Services.

Except for what is delineated in this Terms of Service, JC Website and Services will not disclose Member(s)' personal information to any third party(ies).

JC Website and Services will collect and use Member(s)' personal information for the operation, use, and improvement of JC Website and Services, e.g., for providing Member(s) with more effective customer service, making JC Website and Services easier to use, and obtaining and displaying advertising which is the most desirable and relevant to JC Website and Services' Member(s).

Personal information collected from JC Website and Services' Member(s) may be stored and/or archived in any country where JC Website and Services is licensed to do so, and, Member(s) consent to any such transfer of information outside Member(s)' country. 
  

19.  Intellectual Property
All intellectual property and information on this site is/are owned by JC Website and Services or is licensed to JC Website and Services and no Member can copy these without permission.
  

20.  Force Majeure
Neither Member(s) nor JC Website and Services shall be liable for failure to perform or delay in performing any obligation under the foregoing Agreement if the failure or delay is caused by circumstances beyond Member(s)' or JC Website and Services' reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute ("force majeure"). If such delay or failure continues for at least 30 days, the party not subject to the force majeure shall be entitled to terminate this Agreement by notice in writing to the other. The party subject to the event of force majeure shall, as soon as practicable, give notice of the event to the other party, such notice to include a reasonable forecast of the duration of the event.
  

21.  Governing Law
The Terms of Service and the relationship between Member(s) and JC Website and Services shall be governed by the laws of Hong Kong without regard to its conflict of law provisions.Member(s)' use of this website indicates that Member(s) accept(s) these Terms of Service and the Privacy Policy.  If you have any questions, please email us at helpdesk@jadeconnections.com [3]. 


Source URL:
http://jadeconnections.com/tos