| Jareka Terms of Service
Welcome to Jareka Before you begin using Jareka, you must read and agree to this Jareka Terms of Service ("Terms of Service") and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"):
Although we may attempt to notify you when major changes are made to this Jareka Terms of Service, you should periodically review the most up-to-date version (http://jareka.net/support/info/terms/). Jareka Solutions may, in its sole discretion, modify or revise this Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Jareka products or services. In the event of an inconsistency between the Jareka Privacy Policy (http://jareka.net/support/info/privacy/), the Jareka Terms of Service (http://jareka.net/support/info/terms/) shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Service. You will be responsible for all activities occurring under your username and your interaction with our products, and where applicable, for keeping your password secure. You understand and agree that the Service and related products are provided to you on an AS IS and AS AVAILABLE basis. Jareka Solutions disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. Jareka Solutions also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
You must be at least thirteen (13) years of age to use the Service and related products. Jareka Solutions reserves the right to refuse service to anyone at any time without notice for any reason.
2. Proper Use. You agree that you are responsible for your own use of the Service and related products, for any posts you make on forums or chats, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all Norwegian export control laws.
You agree to abide by the Jareka Content Policy (http://jareka.net/support/info/content/) and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the Jareka Content Policy, you should periodically review the most up-to-date version. Jareka Solutions may, in its sole discretion, modify or revise the Jareka Content Policy at any time, and you agree to be bound by such modifications or revisions.
Violation of any of the foregoing, may result in immediate termination of this Agreement, and may subject you to criminal penalties and other legal consequences. Jareka Solutions reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
Some of the content of the Jareka website and related sites may have public forums or chats, the contents of such postings is provided by and is the responsibility of the person or people who made such postings. Jareka Solutions does not not monitor chats nor heavily moderate the content of Jareka forums, and takes no responsibility for such content. Instead, Jareka Solutions merely provides access to such content as a service to you.
By their very nature, chats and forums may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. We expect that you will use caution and common sense and exercise proper judgment when using chats and forums and report questionable material to Jareka or moderators assigned by Jareka.
Jareka Solutions does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via Jareka chats or forums or endorse any opinions expressed via Jareka chats or forums. You acknowledge that any reliance on material posted via Jareka chats and forums will be at your own risk.
3. Privacy. As a condition of using the Service and related products, you agree to the terms of the Jareka Privacy Policy (http://jareka.net/support/info/policy/), which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Jareka Solutions may access or disclose your personal information, including the content of your communications, if Jareka Solutions is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in this Terms of Service and the Jareka Privacy Policy. Personal information collected by Jareka Solutions may be stored and processed in Norway or any other country in which Jareka Solutions or its agents maintain facilities. By using the Service and related products, you consent to any such transfer of information outside of your country.
4. General Practices Regarding Use and Storage. You agree that Jareka Solutions has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service and related products. Jareka Solutions retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
5. Content of the Service. Jareka Solutions takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Jareka Solutions have any obligation to monitor such third-party content. Jareka Solutions reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Jareka Solutions also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Jareka Solutions, its users and the public. Jareka Solutions will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
6. Intellectual Property Rights. Jareka Solutions's Intellectual Property Rights. You acknowledge that Jareka Solutions owns all right, title and interest in and to the Service and related products, including all intellectual property rights (the "Jareka Solutions Rights"). Jareka Solutions Rights are protected by Norwegian and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service or related products unless given permission by Jareka Solutions to do so. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service or related products. As described immediately below, Jareka Solutions Rights do not include third-party content used as part of the Service or related products, including the content of communications appearing on the Service or related products.
Your Intellectual Property Rights. Jareka Solutions claims no ownership or control over any Content submitted, posted or displayed by you on or through Jareka Solutions services or related products. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Jareka Solutions services and related products and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Jareka Solutions services and related products which are intended to be available to the members of the public, you grant Jareka Solutions a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on Jareka Solutions services and related products for the purpose of displaying and distributing Jareka Solutions services and related products. Jareka Solutions furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
You may choose to submit, post, and display any materials on or through Jareka under a public license, whether by manually marking your materials as such or using Jareka service tools to do so. For avoidance of doubt, Jareka Solutions is not a party to any such public license between you and any third party. Also, for avoidance of doubt, Jareka Solutions may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
7. No Resale of the Service or related products. Unless expressly authorized in writing by Jareka Solutions, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service or related products, (b) use of the Service or related products, or (c) access to the Service or related products.
8. Publicity. Any use of Jareka Solutions's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), including "Jareka", "jareka.net", "Jareka Solutions", "jareka.net" must be in compliance with this Agreement and in compliance with Jareka Solutions's then current Brand Features use guidelines, and any content contained or referenced therein, which may be found at the following URL: http://jareka.net/support/info/brand/ (or such other URL Jareka Solutions may provide from time to time).
9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Jareka Solutions to participate in the Service and related products is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
10. Termination; Suspension. Jareka Solutions may, in its sole discretion, at any time and for any reason, terminate the Service, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system for some time for back-up purposes. Sections 2, 3, 5 - 8, and 10 - 15 of the Agreement, along with applicable provisions of the general Terms of Service (including the section regarding limitation of liability), shall survive expiration or termination.
11. Indemnification. You agree to hold harmless and indemnify Jareka Solutions, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service or related products, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Jareka Solutions will provide you with written notice of such claim, suit or action.
12. Entire Agreement. This Agreement constitutes the entire agreement between you and Jareka Solutions and governs your use of the Service and related products, superseding any prior agreements between you and Jareka Solutions. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Jareka Solutions services, products, software, affiliate services, third-party content or third-party software.
13. Waiver and Severability of Terms. The failure of Jareka Solutions to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of Jareka Solutions services, related products or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
15. Choice of Law; Jurisdiction; Forum. This Terms of Service will be governed by and construed in accordance with the laws of Norway, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in Trondheim, Norway, and you consent to the jurisdiction of such courts.
16. Copyright Information. It is our policy to respond to notices of alleged infringement. If you believe that your copyright has been infringed on the Service or related products, please feel free to contact us.
(Last updated 27th May 2008)
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