The following Terms of Service (“Terms” or “Agreement”) is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age (“you”) and Jisbar regarding your use of the Jisbar Site and system. All references to “us,” “our” and “Jisbar” in this Agreement are intended to refer to Jisbar and/or the Jisbar website.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, USING AND/OR REGISTERING FOR JISBAR, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO THESE TERMS, THEN PLEASE DO NOT USE JISBAR.

Privacy Notice. Your privacy is important. Jisbar’s Privacy Policy is hereby incorporated into these Terms by reference. Please read this notice carefully for details relating to the collection, use, and disclosure of your personal information.

Modification of these Terms. Jisbar reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time without notice. Please check these Terms and any Guidelines periodically for changes. Your continued use of Jisbar after the posting of changes constitutes your binding acceptance of such changes. You can review the most current version of the Terms at any time by revisiting this page.

Limitations

Prohibited Conduct. VIOLATION OF THE FOLLOWING TERMS (DETERMINED IN JISBAR'S SOLE DISCRETION) WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT. WHILE JISBAR PROHIBITS CERTAIN CONDUCT AND CONTENT ON THE JISBAR SITE OR JISBAR COMMUNITY SITE, YOU UNDERSTAND AND AGREE THAT JISBAR CANNOT BE RESPONSIBLE FOR CONTENT POSTED ON THE SERVICE THAT VIOLATES THESE PROHIBITIONS AND YOU NONETHELESS MAY BE EXPOSED TO SUCH CONTENT. YOU AGREE TO USE THE SERVICE AT YOUR OWN RISK. BY USING JISBAR YOU AGREE NOT TO:

* “stalk”, harass, threaten, or defraud other users;

* send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages to other users;

* make unsolicited offers, advertisements or proposals; or send chain letters, unsolicited email, SMS, “spam” or other junk messages;

* transmit any worms or viruses or any code of a destructive nature through the Jisbar System or Sites or any Modules posted thereon;

* impersonate another person or access another user’s account without permission;

* share your personal Jisbar login password with a third party or encourage another user to do so;

* misrepresent the source, identity, or content of information transmitted via the Jisbar Site or Community Site, for example, claiming a created work as your own that is not yours;

* use Jisbar for any illegal, pornographic or unlawful purpose;

* interfere with any security-related features of the Jisbar Site or otherwise attempt to gain unauthorized access to the Jisbar Site, or any part of them, other accounts, computer systems or networks connected to the Jisbar Site, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Jisbar Site or any activities conducted on the Jisbar Site;

* intentionally interfere with the operation of Jisbar or any user’s enjoyment of it;

* post inflammatory statements to get responses;

* use Jisbar in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of Jisbar

Eligibility.

Account Information. You agree that the information you provide to Jisbar on registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times and that you will be the sole user of your login identification.

Password. When you register as a user you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all content posted and activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any personal details), you should change your password.

Ownership; Proprietary Rights. The Jisbar Site is owned and operated by Jisbar. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Jisbar Site and Jisbar system provided by Jisbar, including without limitation any artwork, visual art and any combination thereof (the “Materials”) are protected by copyright law, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for certain default Modules, which may be 3rd party widgets. These modules or plugins retain their own copyright, trademarks, service marks, and trade names. Except as expressly authorized by Jisbar, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of Jisbar or its website.

Obtaining Jisbar Subscriptions. You may subscribe to use the Jisbar Pro version. This subscription enables extra features and systems provided by the Pro version including extra functionality and access to Jisits.

Terms of Use. You understand and agree that, even if a module or widget is obtained through the Jisbar Site, your use of any Widget shall be and is governed by any terms and conditions that the developer of the particular Widget may designate, which may be presented at the time of implementation of the particular Widget. You acknowledge that you have reviewed applicable licenses and you agree to be bound by the terms and condition of any such applicable license.

No Fees for Basic Services. Jisbar does not charge a fee to access the Site for the free version. Jisbar reserves the right to, at its sole discretion, display advertisements in Widgets or Jisits and on Jisbar when using our free version with no compensation to You. We may make additional premium Services available to You from time to time and such additional services may be subject to different terms and fees. We will make such additional terms and/or fees known to You before utilizing any additional Services.

Limitations on Use. The current pricing system is based on a per-site basis. You can install the Jisbar on multiple websites but if individual websites require a brand-free (Pro) version, then you must purchase the Pro version for each subsequent website.

Jisbar reserves the right at any time to modify or discontinue, temporarily or permanently, your access to Jisbar with or without notice if we believe in our own discretion, that you are in violation of our Terms of Service.

User Provided Information.

Definition of User Provided Information; Ownership. Jisbar may now or in the future permit the posting of comments or other information within its modules or Jisits by users (“User Provided Information”), and the hosting, sharing, display and/or analysis of such User Provided Information. You understand that whether or not such User Provided Information is displayed, Jisbar does not guarantee any confidentiality with respect to any User Provided Information. Users retain all right, title, and interest in and to all of their respective User Provided Information.

License Grant to Jisbar. By submitting User Provided Information to Jisbar, you hereby grant to Jisbar a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to use, display, reproduce, distribute and analyze your User Provided Information within Jisbar, Jisbar modules and/or Jisbar Jisits, in any formats and through any applicable channels for the purposes of providing the applicable features and functionality of Jisbar and improving the way Jisbar works and looks, and to create new features and functionality.

Limited License Grant to other Jisbar Users. By submitting User Provided Information to Jisbar, you hereby grant to all users of Jisbar a non-exclusive license to use, display, and reproduce such User Provided Information as necessary for such users to use the relevant Jisbar functionality or features. However, the usage of 3rd party User Provided information, such as Facebook or Twitter will come under the Terms of Services of the 3rd party user data provider.

License Termination. The foregoing licenses granted by you terminate as to specific User Provided Information once you remove or delete such User Provided Information from the Jisbar module; except for Jisbar’s right to use such information in aggregate form to improve the way the Jisbar works and looks, and to create new features and functionality.

Required Rights. You shall be solely responsible for your own User Provided Information and the consequences of posting or publishing it. In connection with User Provided Information, you affirm, covenant, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Jisbar and Jisbar’s users to use the User Provided Information uploaded by you as necessary to exercise the licenses granted by you.

User Provided Information Representations. In connection with User Provided Information, you further agree that you will not: (i) submit material that is copyrighted, protected by patents or trade secrets or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the information and to grant Jisbar all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Jisbar or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate; (iv) post advertisements or solicitations of business; or (v) impersonate another person.

User Provided Information Disclaimer. You understand that when using Jisbar you will be exposed to User Provided Information from a variety of sources, and that Jisbar is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Provided Information. You further understand and acknowledge that you may be exposed to User Provided Information that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Jisbar with respect thereto, and agree to indemnify and hold Jisbar, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of User Provided Information. Jisbar does not endorse any User Provided Information or any opinion, recommendation or advice expressed therein or based upon such User Provided Information, and Jisbar expressly disclaims any and all liability in connection with User Provided Information. If notified by a user or a content owner of User Provided Information that allegedly does not conform to these Terms, Jisbar may investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Provided Information, which it reserves the right to do at any time. Jisbar DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES ON THE JISBAR SITE.

DMCA Notifications. It is Jisbar’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Jisbar will promptly terminate without notice any user's access to Jisbar, if that user is determined to be a “repeat infringer.” A repeat infringer is a user who has been notified by Jisbar of infringing activity violations more than twice and/or who has had content removed from the Jisbar Site more than twice.

Payment Terms.

Jisbar may offer certain additional services by which you agree to pay fees to Jisbar, a list of such services and terms which are made available on the Jisbar web page in regards to the Pro services we offer.

Subscription Cancellations.

You are able to cancel your subscriptions at any time. You can do this by accessing your Paypal account that you subscribed with. Upon cancellation of any subscription, your account will immediately default back to the Free version. It can not be re-established except through a new subscription.

Third-Party Sites, Products and Services, Systems

The Jisbar Site may include links to other web sites or services solely as a convenience to users (“linked sites”). Jisbar does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Jisbar makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Jisbar are solely between you and such advertiser. YOU AGREE THAT JISBAR WILL NOT BE RESPONSIBLE OR 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 ADVERTISERS ON JISBAR.

Usage of 3rd party Systems. Jisbar does not condone the usage of other 3rd party API systems, modules or code that violates the provider of that 3rd party system (eg. Wibiya). You agree to adhere to any 3rd party providers Terms of Services for their individual widgets, apps or plugins. You are not permitted to integrate any Wibiya components into the Jisbar. You agree to indemnify Jisbar from any loss, damage, or consequential event from such usage and we reserve the right to terminate your account without warning in the event of such a breach.

Termination By Jisbar.

For Violations; Termination. You agree that Jisbar, in its sole discretion and for any or no reason, may suspend or terminate any account (or any part thereof) you may have with Jisbar or your use of the Jisbar Site and remove and discard all or any part of your account, any User Provided Information, at any time. Jisbar may also in its sole discretion and at any time discontinue providing access to Jisbar, or any part thereof, with or without notice. You agree that any termination of your access to Jisbar or any account you may have or portion thereof may be effected without prior notice, and you agree that Jisbar shall not be liable to you or any third party for any such termination, or for any price change, suspension or modification of service. As discussed herein, Jisbar does not permit copyright infringing activities on the Jisbar Site, and reserves the right to terminate access to the Jisbar Site, and remove all content submitted, by any users who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Jisbar Site may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Jisbar may have at law or in equity.

For Excessive Usage. If your bandwidth usage exceeds the limits described below, or significantly exceeds the average bandwidth usage (as determined solely by Jisbar) of other users in the same Jisbar account class, we reserve the right to disable your account or disable Jisbar serving until you reduce your bandwidth consumption or make arrangements with Jisbar for a customized Pro account.

Jisbar Free Account: Bandwidth cannot exceed 500,000 Total Bar Loads/month
Jisbar Pro Account: Cannot exceed 1,000,000 Total Bar Loads/month

By Users. You are solely responsible for properly cancelling your account. You can cancel your account at any time by sending an email to cancellations@jisbar.com. In the future, we may implement an account cancellation system. Upon cancellation, all of your User Provided Information may be deleted from your account upon cancellation. This information cannot be recovered once your account is cancelled.

Upon Termination. Termination as provided hereunder will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. You are then required to remove the installation code from your website.

Disclaimers

No Warranties. JISBAR AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS, INCLUDING BUT NOT LIMITED TO WIDGETS, APIS AND USER PROVIDED INFORMATION, MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH JISBAR ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT SUPPORT OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JISBAR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.

JISBAR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN JISBAR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE JISBAR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

JISBAR, ITS SUPPLIERS, LICENSORS, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF JISBAR IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT JISBAR NOR ITS SUPPLIERS, LICENSOR OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF JISBAR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

JISBAR TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THE JISBAR SITE OR ON WIDGETS DEVELOPED BY THIRD PARTY DEVELOPERS OR JISBAR THAT ARE AGGREGATED ON JISBAR, THROUGH THE JISBAR SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

Hold Harmless. You agree to indemnify, save, and hold Jisbar, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your use or misuse of Jisbar, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Jisbar reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Jisbar, and you agree to cooperate with Jisbar’s defense of these claims.

Limitation of Liability and Damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL JISBAR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE JISBAR SITE, OR ANY OTHER INTERACTIONS WITH JISBAR , EVEN IF JISBAR OR A JISBAR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Jisbar’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT WILL JISBAR OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF JISBAR, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER JISBAR SITE USERS, (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE JISBAR SITE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

THESE LIMITATIONS WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN JISBAR AND RECEIVED THROUGH OR ADVERTISED ON Jisbar OR RECEIVED THROUGH ANY LINKS PROVIDED ON JISBAR.

Miscellaneous.

Notice. Except as explicitly stated otherwise, legal notices will be served on Jisbar’s national registered agent or to the email address you provide to Jisbar during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Otherwise, notice will be updated on the Jisbar site.

Waiver. The failure of Jisbar to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Jisbar.

Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jisbar without restriction.

Force Majeure. Without limiting the foregoing, under no circumstances shall Jisbar or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Entire Agreement. This is the entire agreement between you and Jisbar relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Jisbar.

Claims. YOU AND JISBAR AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO JISBAR MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Disclosures. The services hereunder are offered by Jisbar - Corona, Ca 92881, USA - email: support@Jisbar.com.

 

Last Updated: 22 October 2009