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DISCOVERJORDAN.COM
Terms & Conditions |
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1. ACCEPTANCE OF TERMS
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This Web Agreement (this "Agreement")
sets forth the terms and conditions of your use of DISCOVERJORDAN.COM
("DISCOVERJORDAN.COM") services. To become a DISCOVERJORDAN.COM
accountholder, you must read and agree to be bound by all terms and
conditions of this Agreement and any policies that are or may be published
by DISCOVERJORDAN.COM. DISCOVERJORDAN.COM in advance
at http://www.discoverjordan.com/terms.asp, DISCOVERJORDAN.COM
may modify the terms and conditions of this Agreement or the prices
of its services, as well as discontinue or change the services offered.
You will be bound by the modified Agreement, prices and/or policies
if you continue to use the services. Customers that have paid in advance
for services will no be affected by any price changes until their
term is up.By using services (Web Design, Hosting, Advertisement or
Kiosk CD) provided by DISCOVERJORDAN.COM on this site (the
"Site"), You acknowledge that You must be at least 18 years
of age otherwise please do not access maintained above services.All
other DISCOVERJORDAN.COM Services or pages are allowed for
You except maintained above services.maintained above services
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2. MEMBER’S CONDUCT
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You acknowledge that DISCOVERJORDAN.COM does not
pre-screen content, but that DISCOVERJORDAN.COM and its designees
shall have the right (but not the obligation), in their sole discretion,
to refuse or move any content that is available through the Service.
Without limiting the foregoing, DISCOVERJORDAN.COM and its designees
shall have the right to remove any content that violates the Terms
& Conditions or is otherwise objectionable. You agree that you
must evaluate, and bear all risks associated with, the use of any
content, including, but not limited to, 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 DISCOVERJORDAN.COM
or submitted to DISCOVERJORDAN.COM, including, without limitation,
information on the DISCOVERJORDAN.COM Message Boards, DISCOVERJORDAN.COM
Clubs, and all other parts of the Service.
You acknowledge and agree that DISCOVERJORDAN.COM may preserve content,
and may also disclose content if required to do so by law, or in
the good faith or belief, that such preservation or disclosure is
reasonably necessary to:
(a) Comply with any legal process
(b) Enforce the Terms & Conditions
(c) Respond to claims that any or some content violates the rights
of third-parties
(d) Protect the rights, property, or personal safety of DISCOVERJORDAN.COM,
its users and the public.
You understand that the technical processing and transmission of
the Service, including your content, may involve any or all of the
following:
(a) Transmissions over various networks.
(b) Changes to conform and adapt to technical requirements of connecting
networks or devices.
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3. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
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Recognizing the global nature of the
Internet, you agree to comply with all local rules regarding online
conduct and acceptable content. Specifically, you agree to comply
with all applicable laws regarding the transmission of technical data
exported from Jordan or the country in which you reside.
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4. PUBLIC CONTENT POSTED TO DISCOVERJORDAN.COM
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4.1. For purposes of the Terms & Conditions
, "publicly accessible areas of the Service" are those
accessible by the general public. By way of example, a publicly
accessible area of the Service would include public DISCOVERJORDAN.COM
clubs and DISCOVERJORDAN.COM Message boards, but would not include
private DISCOVERJORDAN.COM clubs or private DISCOVERJORDAN.COM communication
services.
4.2. With respect to content you elect to post for inclusion in
the publicly accessible areas of DISCOVERJORDAN.COM clubs, or that
consists of photographs or other graphic material you elect to post
to any other publicly accessible area of the Service, you grant
DISCOVERJORDAN.COM the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt and publish such content on
the Service solely for the purpose of displaying, distributing and
promoting the specific DISCOVERJORDAN.COM club to which such content
was submitted, or, in the case of photographic or graphic material,
solely for the purpose for which such photographic or graphic material
was submitted to the Service. This license exists only for as long
as you elect to continue to include such content on the Service
and shall be terminated at the time you delete such content from
the Service.
4.3. With respect to all other content you elect to post to other
publicly accessible areas of the Service, you grant DISCOVERJORDAN.COM
the royalty-free, perpetual, irrevocable, non-exclusive and fully
sub-licensable right and license to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute, perform
and display such content (in whole or part) worldwide, and/or to
incorporate it in other works in any form, media, or technology
now known or later developed.
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5. NO RESALE OF SERVICE
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You agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the Service.
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6. GENERAL PRACTICES REGARDING
USE AND STORAGE
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You acknowledge that DISCOVERJORDAN.COM
may establish general practices and limits concerning use of the Service,
including, without limitation, the maximum number of days that advertisements,
special offers, or other uploaded content will be retained by the
Service. You agree that DISCOVERJORDAN.COM has no responsibility or
liability for the deletion or failure to store any information and
other communications or other content maintained or transmitted by
the Service. You acknowledge that DISCOVERJORDAN.COM reserves the
right to log off accounts that are inactive for an extended period
of time. You further acknowledge that DISCOVERJORDAN.COM reserves
the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
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7. MODIFICATIONS TO SERVICE
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DISCOVERJORDAN.COM 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. You agree that DISCOVERJORDAN.COM shall not be liable to you
or to any third party for any modification, suspension or discontinuance
of the Service.
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8. TERMINATION
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You agree that DISCOVERJORDAN.COM,
in its sole discretion, may terminate your password, account (or any
part thereof) or use of the Service, and remove and discard any content
within the Service, for any reason, including, without limitation,
for lack of use or if DISCOVERJORDAN.COM believes that you have violated
or acted inconsistently with the letter or spirit of the Terms &
Conditions. DISCOVERJORDAN.COM 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 Terms & Conditions
may be effected without prior notice, and acknowledge and agree that
DISCOVERJORDAN.COM may immediately deactivate or delete your account
and all related information and files in your account and/or bar any
further access to such files or the Service. Furthermore, you agree
that DISCOVERJORDAN.COM shall not be liable to you or any third-party
for any termination of your access to the Service.
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9. DEALINGS WITH ADVERTISERS
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Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through
the Service, including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such an advertiser.
You agree that DISCOVERJORDAN.COM shall 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 the
Service.
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10. Payment of Fees
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10.1. DISCOVERJORDAN.COM will publish a notice
of fee increases 30 days before such increases take effect via e-mail.
A listing of current monthly, quarterly, semi-annual and annual
fees (each, a "Payment Interval") can be found at http://www.discoverjordan.com/discover_news.asp.
10.2. You agree to provide DISCOVERJORDAN.COM with accurate and
complete billing information, including your legal name, address,
telephone number, e-mail address and applicable payment date and
to update this information immediately if any change occurs. Payments
must be submitted in advance of receiving the Services.
10.3. You acknowledge that DISCOVERJORDAN.COM will bill your credit
card prior to the Payment Interval you have chosen. You authorize
automatic billing by DISCOVERJORDAN.COM on an on-going basis during
the term of this Agreement.
10.4. Delinquent accounts are those that remain unpaid at the beginning
of the next Payment Interval. The Services will be suspended if
your account is delinquent. Notwithstanding any other rights DISCOVERJORDAN.COM
may have in this Agreement, all of your website contents will be
destroyed if your account is delinquent for 60 days. DISCOVERJORDAN.COM
accounts continue to accrue charges while they are delinquent or
if the Services are suspended.
10.5. You acknowledge responsibility for your account until payment
in full is made.
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11. Email Use.
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Unacceptable affronts to netiquette
and unacceptable activities include, but are not limited to, the following:
spamming (sending unsolicited advertising to those with which you
have no existing business relationship and posting off-topic advertising
in newsgroups); spoofing (using a return email address that is not
the valid reply address of the sender or sending an email message
that does not contain enough information to enable the recipient to
identify you); passive spamming (promoting a website hosted by DISCOVERJORDAN.COM
by spamming from some other source); trolling (posting controversial
messages in newsgroups to generate responses); mailbombing (inundating
a user with email without any serious intent to correspond or sending
large or multiple files to a user); generating a higher volume of
outgoing mail than a normal user (over 10% of available system resources);
propagating chain letters; and subscribing someone else to an electronic
mailing list without that person's permission. A message is considered
unsolicited if it is posted in violation of a newsgroup charter or
sent to a recipient who has not requested the message. Making an email
address available to the public does not constitute a request to receive
messages. Distribution of mass emailing programs is also prohibited.
All recipients on a mailing list must have personally subscribed.
Mailing lists may not be used to distribute unsolicited email. If
you are repeatedly mailbombed or attract such behavior, the Services
will be terminated.
You should not send email to any user who does not wish to receive
it, either at DISCOVERJORDAN.COM or elsewhere. DISCOVERJORDAN.COM
recognizes that email is an informal medium; however, you must refrain
from sending further email to a user after receiving a request to
stop.
You may not alter the headers of email messages to disguise their
identity or to prevent users from responding to the messages. DISCOVERJORDAN.COM
may disclose the usernames of accounts responsible for forged email
messages to system administrators or users requesting the information.
Violations of the DISCOVERJORDAN.COM policies outlined herein can
sometimes result in massive numbers of email responses. If you receive
so much email that DISCOVERJORDAN.COM resources are affected, DISCOVERJORDAN.COM
staff may shut down your mailbox.
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12. Hyperlinks
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Links that DISCOVERJORDAN.COM presents
for your convenience, as part of the Site, are not under its control
hence, DISCOVERJORDAN.COM makes no representations whatsoever concerning
the content of those sites. The provision of links on the Site is
not an endorsement, authorization, sponsorship, or affiliation with
respect to such site, its owners or providers. DISCOVERJORDAN.COM
cautions you to be aware of the risks of retrieving, using, relying
upon any information, software found on the Internet or purchasing
anything through such medium.
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13. Trademarks and copyrights
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DISCOVERJORDAN.COM Site (this "site")
and its contents including trademarks, services marks, trade names,
logos and icons, are owned by and are proprietary to DISCOVERJORDAN.COM
or its affiliates or agents. The contents of the Site are protected
by United States copyright laws and international treaty provisions.
There is nothing in the Site that grants, by implication, estoppel
or otherwise any license or right to use any trademark displayed on
the Site without the written permission of DISCOVERJORDAN.COM or such
third party that may own the trademark in question. The use of trademarks
displayed on the Site or any other content except as provided herein,
is strictly prohibited. Unless specifically permitted under these
Terms the use of images displayed on this Site is prohibited. Such
images are either the property of or used with permission by DISCOVERJORDAN.COM
and any unauthorized use of them may violate copyright laws, trademark
laws, the laws of privacy and publicity, or other regulations and
statutes.
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14. DISCOVERJORDAN.COM'S PROPRIETARY RIGHTS
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You acknowledge and agree that the Service and
any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected
by the applicable intellectual property laws and other laws. You
further acknowledge and agree that content contained in sponsor
advertisements or copyrights, trademarks, service marks, patents
or other proprietary rights and laws protect information presented
to you through the Service or advertisers. Except as expressly authorized
by DISCOVERJORDAN.COM 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.
DISCOVERJORDAN.COM grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not, and do not allow any third party
to, copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of obtaining
unauthorized access to the Service. You agree not to access the
Service by any means other than through the interface that is provided
by DISCOVERJORDAN.COM for use in accessing the Service.
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15. DISCLAIMER OF WARRANTIES
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YOU EXPRESSLY UNDERSTAND AND AGREE
THAT:
15.1.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. DISCOVERJORDAN.COM
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.
15.2.
DISCOVERJORDAN.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
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.
15.3.
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.
15.4.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM DISCOVERJORDAN.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms & Conditions.
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16. Restrictions of Use
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No materials from the Site or any other
site owned, operated, licensed or controlled by DISCOVERJORDAN.COM
may be copied, reproduced, republished, uploaded, posted, transmitted
or distributed in any way except when and as authorized by DISCOVERJORDAN.COM.
Material may be downloaded from the Site solely for personal or non-commercial
purposes and in such an event you agree to retain all copyright and
other proprietary notices contained in such material. The content
of the Site, including any text, images, audio or video, is not to
be distributed, modified, transmitted or posted for public or commercial
purposes unless written permission is sought and attained from DISCOVERJORDAN.COM.
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17. LIMITATION OF LIABILITY
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YOU EXPRESSLY UNDERSTAND AND AGREE
THAT DISCOVERJORDAN.COM 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 LOSSES (EVEN IF DISCOVERJORDAN.COM 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 PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
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18. EXCLUSIONS AND LIMITATIONS
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SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME
OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
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19. NOTICE
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Notices to you may be made via either
email or regular mail. The Service may also provide notices of changes
to the Terms & Conditions or other matters by displaying notices
or links to notices to you generally on the Service.
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20. Governing Law
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These Terms are to be governed and
interpreted pursuant to the laws of the State of New York notwithstanding
any principles of conflict of law of your actual state or country
of residence. Unless a dispute would be governed by an applicable
arbitration clause, you agree to submit to the personal and exclusive
jurisdiction of the courts located within the State of New York. If
any part of these Terms is unlawful, void or unenforceable, that part
will be deemed severable and will not affect the validity and enforceability
of any remaining provisions.
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21. INDEMNITY
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You agree to indemnify and hold DISCOVERJORDAN.COM,
and its subsidiaries, affiliates, officers, 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 content you submit, post to or transmit through
the Service, your use of the Service, your connection to the Service,
your violation of the Terms & Conditions, or your violation of
any rights of others.
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If you require clarification on any of the above-mentioned
matters please contact us at ++962 77 209021 or email us at support@discoverjordan.com
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