Terms and Conditions
Welcome to the JUKE.biz website, powered by Surfnote. The
following terms and conditions and any other policies, rules, or
guidelines posted by JUKE.biz on this site govern your use of this site.
IF YOU VISIT OR SHOP AT THIS SITE, YOU ACCEPT THESE TERMS AND
CONDITIONS. Please read these Terms and Conditions carefully before
using this site or purchasing any of the products or using any of the
services available on or through it. These Terms and Conditions may be
changed in the future without notice to you so please check back from
time to time. Your continued use of this site after such changes
constitutes your acceptance of the new Terms and Conditions.
- Your Use of this Site.
JUKE.biz grants you a limited
license to access and make personal use of this site and not to download
(other than page caching) or modify it, or any portion of it, except
with express written consent of JUKE.biz. This license does not include
any resale or commercial use of this site or its contents; any
collection and use of any product listings, descriptions, or prices; any
derivative use of this Site or its contents; any downloading or copying
of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools
without express written consent of JUKE.biz. This Site or any portion of
this Site may not be reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any commercial purpose without
express written consent of JUKE.biz. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of JUKE.biz
without express written consent. You may not use any meta tags or any
other "hidden text" utilizing JUKE.biz's name or trademarks without the
express written consent of JUKE.biz. Any unauthorized use terminates the
permission or license granted by JUKE.biz. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink to the home page
of JUKE.biz so long as the link does not portray JUKE.biz or its
products or services in a false, misleading, derogatory, or otherwise
offensive matter. You may not use any JUKE.biz logo or other proprietary
graphic or trademark as part of the link without express written
permission.
- Proprietary Rights.
All content included on this
Site, such as text, graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software ("Content"), is the
property of JUKE.biz or our suppliers, sponsors, licensors or affiliates
(collectively, "Business Partners"), and is protected by United States
and international copyright law, trademark law, and trade secret law, as
well as other state, federal and international laws and regulations. We
own a copyright in this Site as a collective work and/or compilation,
and in the selection, coordination and arrangement of the Content.
Except as expressly provided in these Terms and Conditions, neither we
nor our Business Partners grant any rights to you under any patents,
copyrights, trademarks or trade secret information. You understand that
by using the Site, you may be exposed to Content that is offensive,
indecent or objectionable to you. Under no circumstances will JUKE.biz
be liable in any way for any Content, including, but not limited to, for
any errors or omissions in any Content, or for any loss or damage of any
kind incurred as a result of the use of any Content made available via
the Site. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. JUKE.biz
graphics, logos, page headers, button icons, scripts, are trademarks,
service marks or trade dress of JUKE.biz, Inc. or its subsidiaries. All
other trademarks, service marks, product names, trade names and logos
contained in this Site are the property of their respective owners. You
may not use these trademarks or service marks without the express
written consent of JUKE.biz or the trademark or service mark owner
respectively.
- Privacy.
We believe strongly in protecting user
privacy. Therefore, we have adopted a privacy policy. You should refer
to our privace policy in our Terms of Sales document for information
about how we use and collect personal information from users of this
Site.
- Account Maintenance and Responsibility.
If you wish
to purchase any products or use the services on this Site, you must open
an account with us and/or provide the required information to us. By
entering any information on this Site, you represent and warrant that:
(i) you are at least 18 years of age; (ii) you are using your actual
identity; (iii) you have provided only true, accurate, current and
complete information; and (iv) you will maintain and promptly update the
information that you provide to keep it true, accurate, current and
complete. You are responsible for maintaining the confidentiality of
your account and its password, as well as for all activities that occur
under your password or account. JUKE.biz cannot and will not be liable
for any loss or damage arising from your failure to comply with these
obligations. If you wish to cancel a username or password, or if you
become aware of any loss, theft or unauthorized use of a username or
password, please notify us immediately. We reserve the right to delete
or change any username or password at any time and for any reason.
- Termination.
You or we may suspend or terminate your
account or your use of this Site at any time, for any reason or for no
reason at all. You are personally liable for any orders that you place
or charges that you incur prior to termination. We reserve the right to
change, suspend, or discontinue all or any aspects of this Site at any
time without prior notice.
- Product Orders.
PRICES AND AVAILABILITY OF THE
PRODUCTS AND SERVICES LISTED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT
NOTICE. The listing, description of, or reference to, a product or
service on this Site does not imply that the product or service is
presently available or that we endorse that product or service. In the
event a product or service is listed at an incorrect price due to a
typographical error or error in pricing information received from a
supplier, we shall have the right to refuse or cancel any order placed
for such product or service at the incorrect price, even if the order
has been confirmed and/or your credit card has been charged. If your
credit card has already been charged for the purchase and your order is
canceled, we shall promptly issue a credit to your credit card account
in the amount of the incorrect price. Order Acceptance. Your receipt of
an electronic or other form of order confirmation does not signify our
acceptance of your order, nor does it constitute confirmation of our
offer to sell. We reserve the right at any time after receipt of your
order to accept or decline your order for any reason or for no reason at
all. We reserve the right at any time after receipt of your order,
without prior notice to you, to supply less than the quantity you
ordered of any product or service. Restrictions. Not all products and
services listed on this Site may be available for sale or delivery in
every area. All orders of products or services are subject to prevailing
law, including, as appropriate, export and import regulations and
boycotting restrictions, if any, imposed by governing bodies having
jurisdiction over such orders, products or services.
- Compliance with Codes.
Many states and localities
have laws, codes and regulations ("Codes") governing the sale,
construction, installation or use of products for certain purposes. You
understand and acknowledge that we do not guarantee compliance with such
Codes and are not responsible for how a product is installed or used, a
product's suitability for your intended use, or for a product's
compliance with any such Codes. You should contact the manufacturer for
additional information about a product's specifications. You assume all
responsibility for compliance with applicable Codes.
- Posting/Transmission Conduct.
You understand that all
information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("User Content"), whether publicly
posted or privately transmitted, is the sole responsibility of the
person from which such User Content originated. This means that you, and
not JUKE.biz, are entirely responsible for all User Content that you
upload, post, email, transmit or otherwise make available via the Site.
JUKE.biz does not control the User Content posted via the Site and, as
such, does not guarantee the accuracy, integrity or quality of such User
Content. You understand that by using the Site, you may be exposed to
User Content that is offensive, indecent or objectionable to you. Under
no circumstances will JUKE.biz be liable in any way for any User
Content, including, but not limited to, for any errors or omissions in
any User Content, or for any loss or damage of any kind incurred as a
result of the use of any User Content posted, emailed, transmitted or
otherwise made available via the Site.
You agree not to use the
Site to:
- upload, post, email, transmit or otherwise make available any User
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a
JUKE.biz representative, forum leader, guide or host, or falsely state
or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Site;
- upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
- upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form
of solicitation;
- upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
- interfere with or disrupt the Site or servers or networks
connected to the Site, or disobey any requirements, procedures,
policies or regulations of networks connected to the Site;
- intentionally or unintentionally violate any applicable local,
state, national or international law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users. You acknowledge
that JUKE.biz does not pre-screen User Content, but that JUKE.biz and
its designees shall have the right (but not the obligation) in their
sole discretion to refuse or remove any User Content that is available
via the Site. Without limiting the foregoing, JUKE.biz and its
designees shall have the right to remove any User Content that
violates these Terms and Conditions or is otherwise objectionable. You
agree that you must evaluate, and bear all risks associated with, the
use of any User Content, including any reliance on the accuracy,
completeness, or usefulness of such User Content.
- Submissions.
We welcome feedback, suggestions and
ideas about this Site and our services and how to improve them. However,
all User Content, feedback, suggestions, ideas, concepts, comments,
illustrations, Site postings and other materials that you disclose or
offer to us on or in connection with this Site ("Submissions") are
submitted without any restrictions or expectation of confidentiality.
You agree that we shall exclusively own, and you hereby assign to us
without compensation or further obligation, all rights now known or
hereafter existing to the Submissions of every kind and nature
throughout the universe. You further agree that we shall be entitled to
unrestricted use of the Submissions for any purpose whatsoever,
commercial or otherwise, without compensation to you, including the
right to use, reproduce, publish, transmit, publicly perform or display,
translate, create derivative works from, or otherwise communicate to the
public the Submissions on the Site or elsewhere. You shall not assert
any proprietary right or moral right of any kind with respect to any
Submissions.
- Advertisements.
We, in our sole discretion, may post
the advertisements or other materials of third parties on this Site.
Your correspondence or any other transaction with advertisers found on
this Site is solely between you and such advertisers. You agree that we
shall not be responsible for any loss or damage of any sort incurred as
a result of any such dealings or as a result of the presence of such
advertisements on this Site. Moreover, we shall not be responsible or
liable for the statements or conduct of any such advertisers on this
Site.
- Links.
We make no claims or representations regarding
the quality, content, nature or reliability of sites accessible by
hyperlink from this Site or sites linking to this Site, and we accept no
responsibility in connection therewith. Any linked sites are not under
our control, and we are not responsible for the content of any linked
site or any link contained in a linked site, or for any review, changes
or updates to any such sites. Any linked sites are provided to you only
as a convenience. The inclusion of any link does not imply affiliation,
endorsement or adoption by us of the linked site or any information
contained therein. When leaving this Site, you should be aware that our
terms and policies may no longer govern, and, therefore, you should
review the applicable terms, conditions and policies, including privacy
and data-gathering practices, of each linked site.
- Intellectual Property Infringement Complaints.
It is
JUKE.biz's strict policy to respect the intellectual property rights of
others. If you believe that your intellectual property has been
infringed upon, please provide us with the following information:
- a description of the intellectual property that you claim has been
infringed as well as an explanation as to why you believe in good
faith that the disputed use is not authorized by the intellectual
property owner, its agent, or the law;
- the location on the Site of the material that you claim is
infringing;
- your address, telephone number, and email address;
- a statement signed by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
intellectual property owner or authorized to act on the intellectual
property owner's behalf. Send to: info@juke.biz
- DISCLAIMERS.
YOU EXPRESSLY AGREE THAT USE OF THIS
SITE IS AT YOUR SOLE RISK. THIS SITE, AND ANY CONTENT AVAILABLE ON THIS
SITE, ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. NEITHER WE
NOR ANY OF OUR BUSINESS PARTNERS REPRESENT OR WARRANT THAT THIS SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE
CORRECTED, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; NOR DO WE OR THEY MAKE ANY REPRESENTATIONS OR WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, PERFORMANCE OR
SUITABILITY OF THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE. PRODUCT
COMPARISONS DO NOT IMPLY THAT ALL PRODUCTS COMPARED ARE AVAILABLE, OR IN
THE CASE OF FUNCTIONAL EQUIVALENCY, THAT PERFORMANCE OR OTHER
CHARACTERISTICS ARE EXACTLY COMPARABLE. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, WE AND EACH OF OUR BUSINESS PARTNERS
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT,
WITH RESPECT TO THIS SITE OR ANY CONTENT AVAILABLE ON THIS SITE. ALL
PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY
TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS,
DISTRIBUTORS AND SUPPLIERS. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE. WE
DISCLAIM ANY AND ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS
THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES,
OR MISAPPLICATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS"
IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
- LIMITATIONS OF LIABILITY.
IN THE EVENT OF ANY PROBLEM
WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO
CEASE USING THIS SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR
SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS SITE, YOU AGREE THAT
YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR THE
SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR
SUPPLIER'S WARRANTY, RETURN AND REFUND POLICIES, AND THAT WE HAVE NO
LIABILITY TO YOU. UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR BUSINESS
PARTNERS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, OR ANY OTHER PARTY
INVOLVED IN CREATING, PRODUCING, TRANSMITTING OR DISTRIBUTING THIS SITE
OR ANY PART THEREOF, BE LIABLE FOR ANY PUNITIVE, EXEMPLARY,
CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR
IN CONNECTION WITH THIS SITE OR ANY CONTENT, PRODUCTS OR SERVICES MADE
AVAILABLE OR LISTED ON IT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES AND/OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN
THE EVENT THE FOREGOING LIMITATION OF LIABILITY IS HELD TO BE
UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY OF THE
FOREGOING TYPES OF DAMAGES SHALL BE LIMITED TO THE AMOUNT THAT WE
RECEIVE FOR THE TRANSACTION THAT GAVE RISE TO THE CLAIM.
- Indemnification.
You agree to indemnify and hold us
harmless from any claim, action, demand, loss or damages (including
attorneys' fees) arising out of or related to your use of this Site, any
purchases you make on or through this Site, Content you post or transmit
on this Site, any violation of these Terms and Conditions by you, or any
violation of any rights of any person or entity by you.
- Choice of Law; Venue.
These Terms and Conditions
shall be governed by and construed in accordance with the laws of the
Commonwealth of Georgia, U.S.A., without giving effect to its conflict
of laws principles. You irrevocably consent to the exclusive personal
jurisdiction and venue of the federal and state courts in and for
Gwinett County, Georgia U.S.A.
- Notices.
Except as expressly stated otherwise, all
formal notices to us shall be sent to JUKE.biz LP, P.O. Box 93751,
Atlanta, GA, 30377, USA. All notices to you shall be sent to the email
address that you provide to us when you register. Such notice shall be
deemed given one business day after the email is sent.
- Miscellaneous.
These Terms and Conditions and any
other policies, rules or guidelines posted by JUKE.biz on this Site and
incorporated herein by reference constitute the sole agreement between
you and us relating to your use of this Site and the subject matter
hereof, and no representations, statements or inducements, oral or
written, not contained in these Terms and Conditions shall bind either
of us. Any of these Terms and Conditions which are determined to be
invalid or unenforceable in any jurisdiction shall be ineffective to the
extent of such invalidity or unenforceability in such jurisdiction,
without rendering invalid or unenforceable any of the remaining Terms
and Conditions or affecting the validity or enforceability of these
Terms and Conditions in any other jurisdiction. No waiver by us of any
right under these Terms and Conditions will be deemed to be either a
waiver of any other right or provision or a waiver of that same right or
provision at any other time. You may not assign, transfer or delegate
your rights or obligations hereunder, in whole or in part, without our
prior written consent. These Terms and Conditions shall be binding upon
and inure to the benefit of each of us and our respective successors and
permitted assigns. Any action or claim against us must be brought within
one year following the date on which the claim first accrued or shall be
deemed forever waived. We reserve all rights not expressly granted
herein. A printed version of these Terms and Conditions and of any
related notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to these Terms and
Conditions to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained
in printed form.
- Contact Information.
If you have any questions
regarding this Site or any requests for additional information
concerning JUKE.biz, please send us an email to: info@juke.biz
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