PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
ACCEPTANCE OF TERMS These terms of service (hereinafter referred to as "Terms") apply solely to your access to, and use of, the Website of Joomware, also doing business as Juzit Sdn Bhd and Juzit Marketing Sdn Bhd, located at www.joomware.com (hereinafter referred to as "Site"), the web development and hosting tools, community and services accessed through the Site (hereinafter referred to as "Services")
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Joomware, or its parent company or affiliates, for products, services or otherwise. If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Joomware for violations of these Terms. Nothing in these Terms shall be deemed to confer any third party rights or benefits
Joomware may, at its sole discretion, revise the Terms, including any changes, at any time by updating this posting, with the revised Terms taking effect for all Users as of the date stated on the posting. Joomware reserves the right to make these alterations without notice and acceptance by Users. Consequently, Users should consult the Terms regularly. Your continueprd use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.
DESCRIPTION OF SERVICE Joomware enables users to create and publish web sites that are hosted by Joomware ("User Sites"). Joomware does not approve or control such User Sites and does not routinely review or monitor such User Sites. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the operator of such User Site. Therefore, you acknowledge and agree that Joomware is not responsible or liable in any manner for, and makes no representations or warranties of any kind regarding, the content, functionality, business, legality, accuracy, completeness, quality, reliability, security, usefulness or practices of any user sites or for any dealings with or transactions conducted on or in connection with any User Site. The hosting of any User Site does not imply endorsement or sponsorship by Joomware or any association or affiliation with its operators or the content, business or operation of the User Site, and if you create any User Site, you may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with Joomware. You use and interact with such user sites at your own risk. You may not use the name, logo or other trademarks of Joomware to imply any sponsorship, affiliation or relationship between you and Joomware other than that Joomware is hosting your User Site
Joomware Community is part of the Service provided by and hosted by Joomware. This community allows social network, forum and activities among its members. Joomware is not responsible or liable in any manner for, and makes no representations or warranties of any kind regarding, the content, functionality, business, legality, accuracy, completeness, quality, reliability, security, usefulness or practices of each member.
USE OF SERVICE In order to use the Service, you must have a valid Joomware Account. To be an Account Holder with your own web site, you must provide Joomware with a valid email address and other information (\"Registration Data\"). As an Account Holder, you will choose a password and account designation for your web sites during the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Joomware in writing of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Joomware cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3. In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Joomware has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Joomware has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Users under 13 years of age are prohibited from using the Service unless otherwise with guardian's approval.
You agree that all such Joomware Subdomains are owned by Joomware, are nontransferable and that Joomware may for any reason, or for no reason, in its sole discretion and without notice or liability to you or any third party, immediately terminate or suspend your account, username, and Joomware Subdomain, and remove or discard any content associated with your account and username.
CONTENT, CONDUCT RULES AND OBLIGATIONS You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ("Content") are the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. Joomware does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Joomware 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 posted, transmitted or otherwise made available via the Service. You acknowledge that Joomware does not pre-screen Content, but that Joomware and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Service. Without limiting the foregoing, Joomware and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable in Joomware's sole discretion. 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. In this regard, you acknowledge that you may not rely on any Content created by Joomware or submitted to Joomware. You acknowledge and agree that Joomware may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Joomware, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in Joomware's sole discretion as to what action should be taken.
You agree that you will not:
upload, post, transmit or otherwise make available any Content that is unlawful, harmful, pornographic, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionabl
harm minors in any way;
impersonate any person or entity, including, but not limited to, a Joomware official, 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 Service;
upload, post or otherwise transmit any Content that you do not have a right to transmit 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 or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
upload, post, or transmit unsolicited commercial email or \"spam\". This includes unethical marketing, advertising, or any other practice that is in any way connected with \"spam\", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
upload, post or otherwise transmit 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 Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law.
"stalk" or otherwise harass another;
promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) Joomware determines, in its sole discretion, is inappropriate for sale through the Service provided by Joomware;
use the Service as a forwarding service to another website;
solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content;
make any automated use of the system.
If any user is reported to be in violation with the letter or spirit of these terms, Joomware retains the right to terminate such account at any time without further warning
THIRD PARTY SITES The Site, the Joomware Platform and User Sites (including under Joomware Subdomains) may contain links to third party web sites, including links to User Sites, third party text, video feeds (podcasts), offers, and software applications (including widgets) (collectively referred to as "Linked Sites"). The Linked Sites and third parties are not under the control of and/or owned by Joomware and Joomware is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Joomware is not responsible for webcasting or any other form of transmission received from any Linked Site. The Linked Sites are the property of the respective third party and may be protected by applicable copyright or other intellectual property laws and treaties. Joomware is providing these links to you only as a convenience and does not approve and assumes no responsibility for the content, security, functionality, or practices of these third parties. The inclusion of any link does not imply endorsement by Joomware of the site or any association with its operators. You acknowledge and agree that Joomware may disable your use of or remove any third party linked sites on Joomware or a Joomware Subdomain to the extent that they violate these Terms.
THIRD PARTY APPLICATIONS/SOFTWARE Joomware may provide third party extension, components, software and/or application in the site. These can be paid services or free services depending on third party provider. There may/may not be a different TOS provided by the third party provider. You are responsible to read through the TOS if there is any and assuming you understood all the terms before subscribing. In any cases, Joomware is not liable for any damage; loss; misrepresentation; non-delivery that is caused directly or indirectly by this third party applications/software.
Joomware may rely on external components provided by a third party to provide some level of functionality. This functionality may make a particular feature of the Joomware Platform dependent on the external component; or the Joomware Platform may be completely dependent on the external component for operation. In any case, Joomware makes no warranties, claims, or provision for any third party components.
You are responsible for making any and all appropriate licensing arrangements with any third party external component providers that are represented on your Joomware Subdomain.
FEES/PAYMENT Some of the features on the Service require payment of fees. If you elect to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by you. Juzit Sdn Bhd reserves the right to change its prices and at any time. You authorize Juzit Sdn Bhd directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the Service and payments made by you herein.
You acknowledge and agree that any credit card and related billing and payment information that you provide to Joomware may be shared by Joomware with companies who work on Joomware's behalf, such as payment processors and/or credit agencies, solely for the purpose of checking credit, effecting payment to Joomware and servicing your account. The terms of your payment will be based on your chosen Payment Method and may be determined by agreements between you and the financial institution providing such Payment Method. You agree to pay Joomware all charges incurred under your account for any paid Service in which you or anyone else who uses your account (including children, family and friends) enroll in accordance with this Agreement and any applicable Services policies. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand, (b) Joomware may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) Joomware reserves the right to either suspend or terminate your paid Services or your account with Joomware, including deletion of your Website from Joomware.com. Except as may be set forth herein, any fees charged to your account are non-refundable. You agree to submit any disputes regarding any charge to your account in writing to Joomware within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge. Refunds (if any) made pursuant to such dispute, are at the discretion of Joomware.
CANCELLATION AND TERMINATION If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Web site and all information contained therein may be deleted by Joomware. Joomware accepts no liability for such deleted information or content.
You agree Joomware, in its sole discretion, may terminate your password, and/or account, and remove and discard any Content within the Service (including, but not limited to your web site if you are an Account Holder), for any reason, including and without limitation, the lack of use, or if Joomware believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any contracts, verbal or written or assumed, in conjunction with your deleted web site (as applicable) and all its parts, at Joomware's discretion, will be terminated as well. Joomware may also in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Joomware may immediately deactivate or delete your web site, as applicable, and all related information and files. Joomware reserves the right to bar any further access to such files or the Service. You agree that Joomware shall not be liable to you or any third-party for any termination of your access to the Service.
INTELLECTUAL PROPERTY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Joomware or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Joomware does not want to receive confidential or proprietary information from you through the Service or by email. Unless otherwise agreed in writing by an authorized Joomware representative, any material, information or idea you transmit to Joomware by any means may be disseminated or used by Joomware or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content (as defined herein), or to personal information that is subject to our Privacy Policy.
MODIFICATIONS TO SERVICE Joomware reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that Joomware shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
INDEMNITY You agree to indemnify Joomware, its holding company, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your Guests activities, your connection to the Service, your violation of the TOS, or your violation of any rights of another, whether you are a registered user or not. The user is solely responsible for his or her actions when using the Service, including, but not limited to, costs incurred for Internet access.
JOOMWARE PRIVAY POLICY Registration Data and certain other information about you are subject to our Privacy Policy, the terms of which are incorporated into this TOS by reference.
DISCLAIMER OF WARRANTIES You expressly understand and agree that:
Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Joomware expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Joomware will make reasonable efforts to maintain the service, however, Joomware is not responsible for any damage, loss of data, customer information or vendor data, revenue, or other harm to business arising out of delays, misdelivery or non-delivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to your sharing of access to the service, or other interaction with the service. Joomware does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
no advice or information, whether oral or written, obtained through or from the service shall create any warranty not expressly stated in the TOS.
LIMITATION OF LIABILITY You expressly understand and agree that Joomware shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible loss (even if Joomware has been advised of the possibility of such damages). Resulting from (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmission or data; (iv) statements or conduct of any third party on the service; (v) any other matter relating to the service.
GENERAL Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. The TOS and the relationship between you and Joomware shall be governed by the without regard to its conflict of law provisions. The failure of Joomware to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and Joomware and govern your use of the Service, superseding any prior agreements between you and Joomware (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Joomware services, third-party content or third-party software. If any provision of the TOS or incorporated documents 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
VIOLATIONS Please visit our Abuse page to report any violations of the TOS.
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