TERMS AND CONDITIONS
Jujo, Inc. (“Jujo”) provides you, the user (“You”), with the ability to create your own electronic book (“e-Book”) through www.bookenberg.com (our “Website”).
In order to use the Service (as defined below), You must read and accept all of the terms and conditions in, and linked to, these terms and conditions (this “Agreement”), which may be modified by Jujo from time to time at our sole discretion. All modifications will be posted to the Website and such modifications will become effective immediately upon the posting thereof. It is Your responsibility to review this Agreement on a regular basis to keep Yourself informed of any modifications. We strongly recommend that, as You read this Agreement, You also access and read the linked information. BY ACCESSING THE WEBSITE AND/OR THE SERVICE (AS DEFINED BELOW), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.
1. JUJO SERVICE
Jujo provides You with access to a variety of resources, including: the ability to create your own e-Book, and products and services offered through the Website (collectively, the “Service”). Through the Website, You may submit “Content”, which includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service.
2. REGISTRATION INFORMATION
As a condition of registering for use of the Service, You agree to (a) provide Jujo with true, accurate, current, and complete information as prompted by the Jujo registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness, of such information.
3. MINIMUM AGE
If You are under the age of eighteen (18), You are prohibited from using or registering for the Service.
4. USE VOID WHERE PROHIBITED
Use of the Service is void where prohibited.
6. ACCOUNT SECURITY
You will choose a password when You register. Your user ID will be the valid email address that you enter. Your user ID and password may only be used by You and the members of Your household. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
7. CALL RECORDING
You acknowledge and agree that Jujo may monitor and/or record any telephone calls between You and Jujo.
8. LIMITED LICENSE TO WEBSITE
By agreeing to the terms and conditions of this Agreement, Jujo grants You a limited license to access and use the Service for Your personal use. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit, or otherwise exploit for any commercial, educational, or any other non-personal purpose any Content that is not Your sole and exclusive property, without the express written consent of Jujo.
9. SUBMISSIONS OF CONTENT FOR E-BOOKS
In order for You to submit Your Content on the Website, You represent and warrant that:
(a) You own all of Your Content, including all copyright and other intellectual property rights. You agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Jujo all of the license rights granted herein.
(b) You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content through the Service on the Website. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Jujo all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms and Conditions.
Jujo does not endorse any Content submitted to the Service by You, and Jujo expressly disclaims any and all liability in connection with Your Content. Jujo does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Jujo will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Jujo reserves the right to remove Content without prior notice.
10. CONTENT LICENSE
Although Jujo does not claim ownership of any of the Content, by providing Content for the Website, You automatically grant, and You represent and warrant that you have the right to grant, to Jujo an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing Jujo with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.
11. PUBLICATION AND DISTRIBUTION OF CONTENT
Jujo does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that Jujo simply acts as a passive conduit and an interactive web-based software provider for the publication and distribution of Content. You understand that all Content posted on, transmitted through or linked through the Service, is the sole responsibility of the person from whom such Content originated. You understand that Jujo does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that Jujo has no obligation to screen, preview, monitor or approve any Content, or Content posted or submitted by any other Jujo user. However, Jujo reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness, or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will Jujo be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Service. You understand that Jujo does not guarantee any confidentiality with respect to any Content you submit. You waive the right to bring or assert any claim against Jujo relating to Content, and release Jujo from any and all liability for or relating to any Content.
12. YOUR CONDUCT
In connection with Your use of the Service, You represent and warrant that You:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any Content that may be considered by Jujo to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically, or otherwise objectionable;
(d) will not submit Content that is encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden our Website;
(e) will not access, download, or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(f) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(g) will not use the Service in any manner that infringes, misappropriates, or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights;
(h) will not use the Service in any way that could interfere with the rights of Jujo or the rights of other users of the Service;
(i) have sufficient rights in and to all Content that You provide, transmit, or otherwise convey to Jujo in connection with the Service;
(j) will not reproduce, duplicate, copy, sell, re-sell, or exploit any Content belonging to a third party; and
(k) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing.
The Content that You provide does not reflect the views of Jujo, its officers, managers, owners, employees, agents, designees, or other users. In addition, Jujo retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. Jujo may suspend, restrict or terminate Your use of the Service and refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement, infringes upon others’ intellectual property rights, or constitutes pornography, obscenity, or excessive length. Jujo may at any time, without prior notice and in its sole discretion, remove such Content, terminate Your account for submitting such material in violation of these Terms and Conditions, and/or contact appropriate authorities. Additionally, Jujo may seek any and all other remedies available to it, including (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
13. DISCLOSURE OF INFORMATION
Jujo may make Your identifiable information, account information, and the Content available to our employees and third parties with whom we contract to handle Your account. In addition, Jujo may provide non-personally identifiable aggregate statistics, unique identifiers, demographic, and other anonymous information about You and other users of the Service to advertisers, and other third parties. You agree that Jujo may make such uses of information You provide or Jujo collects.
You agree that Jujo may access, preserve, and disclose Your account information, any information provided by You to Jujo, including, but not limited to, the Content for the purposes described in this Agreement, if required to do so by law or if in good faith, Jujo believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of Jujo, users of its Service, and/or the public.
14. MODIFICATION OF TERMS AND CONDITIONS
Jujo will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website. Jujo will make note of the date of the last update to the Agreement at the bottom of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Website or Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Website and Service.
15. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE
Jujo reserves the right at any time to limit access to, modify, change, or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension, or discontinuance of the Service. You agree that Jujo will not be liable to You or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Service. You agree that Jujo may establish general practices, policies, and limits, which may or may not be published, concerning the use of the Service, including without limitation, the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that Jujo has no responsibility or liability for the deletion or failure to store any communications maintained or transmitted by or through the Service. You agree that Jujo has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. Jujo is not responsible for any delays, failures, or other damage resulting from such problems.
17. USER FEEDBACK
Jujo appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Although we do value Your feedback on our Service, please be specific in Your comments regarding our Service and do not submit creative ideas, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, or other information (collectively, the “Submissions”), such Submissions will be the property of Jujo. In addition, none of the Submissions will be subject to any obligations of confidentiality and Jujo will not be liable for any future use or disclosure of such Submissions.
18. COPYRIGHT MATERIALS
Aside from user-submitted Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations, and software (collectively, the “Copyright Materials”) are the exclusive property of Jujo and/or its licensors and are protected by all United States and international copyright laws.
19. WARRANTY DISCLAIMER
You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT JUJO MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR PERMANENT; OR (C) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED BY LAW, JUJO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. JUJO WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY.
20. LIMITATION OF LIABILITY
IN NO EVENT SHALL JUJO, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) WHATSOEVER, RESULTING FROM (A) THE USE OR INABILITY TO USE THE SERVICE; (B) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (C) THE DELETION OF CONTENT; (D) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (E) DISCLOSURE OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF YOUR INFORMATION OR CONTENT; (F) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT, OR OTHERWISE CONVEY THROUGH THE SERVICE; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY THROUGH THE SERVICE; (H) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (I) ANY OTHER MATTER RELATING TO THE SERVICE; AND/OR (J) ANY BREACH OF THIS AGREEMENT BY JUJO OR THE FAILURE OF JUJO TO PROVIDE THE SERVICE UNDER THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend, and hold harmless Jujo, its officers, managers, owners, employees, agents, designees, users, successors, assigns, partners and suppliers from and against all losses, liabilities, expenses, damages, claims, demands, and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to Jujo or that You submit, transmit, or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. Jujo will have sole control of the defense of any such damage or claim.
22. ENTIRE AGREEMENT
This Agreement governs Your use of the Website and Service and constitutes the entire agreement between You and Jujo. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between You and Jujo regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to Jujo under this Agreement.
23. GOVERNING LAW
This Agreement and the relationship between You and Jujo will be governed by the laws of the State of California, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located, or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in San Diego, California and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Jujo may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
24. PROVISIONS REMAINING IN EFFECT
In the event You are no longer a user of this Website or Service, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 10, 15, and 20 through 25.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of Jujo’s rights if Jujo fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and Jujo agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment, or agency relationship exists between You and Jujo as a result of this Agreement or use of the Website or Service.
If you issue a full refund, Jujo will return the fees from the original transaction.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE WEBSITE OR THE SERVICE. BY USING THE WEBSITE OR THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Last updated on January 18, 2017
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