Welcome to jloTube - the online stop to meet people from around the world. By
joining and being the jloTube Online Community you are connected to friends from
around the world. ("jloTube", "us", or "we") operates on our website, currently
located at http://www.jloTube.com , you agree to be bound by these Terms &
Conditions (this "Agreement"), whether or not you register as a member of the
jloTube Community ("Member"). The jloTube services consist of the Community,
tangible-hands on services such as chat, music upload etc., and the Website with
public functionality that is open to the community. If you wish to become a
Member, communicate with other Members, and make use of the Service, read this
Agreement and follow the instructions in the registration process. This
Agreement sets out the legally binding terms for your membership and may be
modified by jloTube from time to time. Any modifications shall be effective upon
posting by jloTube on the Website. In addition, when using particular
functionality and features that are part of the Services, you are subject to
all applicable guidelines, terms, or rules applicable to such functionality
and features, which may be posted from time to time. All such Additional Terms
set forth for jloTube TERMS & CONDITIONS are hereby incorporated by reference
into this Agreement. If such additional functionality and features are
provided to us by any of our partners (such as, but not limited to, media
players for content provided by our licensors) the additional terms that govern
your use of such functionality and features are not incorporated into this
Agreement, but shall govern your use of such functionality and features and
you hereby agree to comply with and be bound by such terms as a condition to
your access and use of such functionality and features.
1. ELIGIBILITY. THE SERVICES ARE INTENDED SOLELY FOR ACCESS AND USE BY
INDIVIDUALS THAT ARE THIRTEEN (14) YEARS OF AGE OR OLDER. BY ACCESSING AND USING
THE SERVICES, YOU ARE CERTIFYING THAT YOU ARE AT LEAST THIRTEEN (14) YEARS OLD.
By using the Services, you represent and warrant that you have the right,
authority, and capacity to enter into this Agreement and to abide by all of the
terms and conditions of this Agreement. If you are merely surfing or browsing
through the Website and have not yet registered to become a Member, your use of
the Website is still subject to this Agreement; if you do not agree to this
Agreement, do not use the Services.
2. PASSWORD. When you sign up to become a Member, you will also be asked to
choose a username and a password for your Member profile. You are entirely
responsible for maintaining the confidentiality of your password. You agree not
to use the Member profile, username, or password of another Member at any time.
You agree to notify us immediately if you suspect any unauthorized use of your
Member profile or access to your password. You are solely responsible for any
and all use of your Member profile.
3. TERM. This Agreement will remain in full force and effect while you use the
Services and/or are a Member. You may terminate your membership at any time, for
any reason by following the instructions on the "Help" pages, or upon receipt by
jloTube of your written or email notice of termination. jloTube may terminate
your access to the Website. jloTube may terminate your membership for any reason
effective upon sending notice to you at the email address you provide in your
application for membership or such other email address as you may later provide
to jloTube. If jloTube terminates your membership in the Community because you
have breached the Agreement, you will not be entitled to a refund of any unused
subscription fees, if applicable. Even after this Agreement is terminated, the
following provisions of this Agreement will remain in effect: Sections 5, 6, 8,
9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20.
4. NON-COMMERCIAL USE BY MEMBERS. The Services are for the personal use of
individual Members only, and may not be used in connection with any commercial
endeavors. This includes providing links to other websites, whether deemed
competitive to jloTube or otherwise. Organizations, companies, and/or businesses
may not become Members of jloTube and should not use the jloTube Services for
any purpose. Illegal and/or unauthorized uses of the Services, including
unauthorized framing of or linking to the Website will be investigated, and
appropriate legal action will be taken.
5. PROPRIETARY RIGHTS IN THE SERVICE. jloTube owns and retains all proprietary
rights in the Services. The Services contain the copyrighted material,
trademarks, and other proprietary information ("Intellectual Property") of
jloTube, and its licensors, including other jloTube Members. Except for
Intellectual Property which is in the public domain or for which you have been
given written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such Intellectual Property and the
provision of such Intellectual Property to you through the Services does not
transfer to you or any third party any rights, title or interest in or to such
Intellectual Property, including, without limitation, any intellectual property
rights in any Content and material included therein.
6. CONTENT POSTED ON THE SERVICES. You understand and agree that jloTube may
(but is not obligated to) review any classified ads, content, communication,
information, Intellectual Property, material, messages, photos, videos, URLs,
profiles and the like (collectively, "Content") that is uploaded, published or
displayed (hereinafter, "posted") on the Services and delete or refuse to take
online any such Content, including, without limitation, any Content that in the
sole judgment of jloTube violates this Agreement or which might be offensive,
inappropriate, illegal, or that might violate the rights, harm, or threaten the
safety of other Members or third parties. You are solely responsible for the
Content that you post on the Services, or transmit to other Members or third
parties. By posting Content to any area of the Services, you automatically
grant, and you represent and warrant that you have the right to grant, to
jloTube an irrevocable, perpetual, non-exclusive, royalty-free and fully paid,
worldwide license to reproduce, distribute, publicly display and perform
(including by means of a digital audio transmission), and otherwise use Content
and to prepare derivative works of, or incorporate into other works, such
Content, and to grant and authorize sublicenses of the foregoing. In addition,
you represent and warrant that you have the right to post the Content and you
will not post any illegal or prohibited Content and will not infringe,
misappropriate, violate or contravene any third party rights (including, without
limitation, any intellectual property rights). The following is a partial list
of the kind of Content that is illegal or prohibited on the Website ("Prohibited
Content"). jloTube reserves the right (but is not obligated) to investigate and
to take appropriate legal action in its sole discretion against anyone who
violates this provision, including without limitation, removing the offending
Content from the Service and terminating the membership of such violators.
Prohibited Content includes Content that: (a) is patently offensive to the
online community, such as Content that promotes racism, bigotry, hatred or
physical harm of any kind against any group or individual; (b) harasses or
advocates harassment of another person; (c) involves the transmission of "junk
mail," "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes
information that you know is false, misleading or that promotes illegal
activities or conduct that is illegal, abusive, threatening, obscene, defamatory
or libelous; (e) promotes an illegal and/or unauthorized ("pirated") copy of
another person's copyrighted work (whether marked as such, or not), such as, but
not limited to, providing pirated computer programs or links to them, providing
information to circumvent copy-protection mechanisms, or providing pirated
music, video or other pirated Content, or links to such pirated music, video
files, or files that contain such other pirated Content; (f) contains restricted
or password only access pages, or hidden pages or images (those not linked to or
from another accessible page); (g) displays pornographic or sexually explicit
material of any kind and in any form; (h) provides material that exploits people
under the age of 18 in a sexual or violent manner, or solicits personal
information from anyone under 18; (i) provides instructional information about
illegal activities such as, but not limited to, making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses;
(j) solicits passwords or personal identifying information of any kind for
commercial or unlawful purposes from other users; and engages in commercial
activities and/or commercial sales without our prior written consent, including,
without limitation, contests, sweepstakes, barter, advertising, and pyramid
schemes; (k) constitutes, promotes, or is used primarily for the purpose of
dealing in: counterfeit goods, items subject to US embargo, illegal drugs and
paraphernalia, stolen products and items used for theft, unlicensed trade or
dealing in stocks or securities, gambling items, professional services regulated
by state licensing regimes or non-transferable items; or (l) otherwise violates
the terms of this Agreement or creates liability for jloTube. You must use the
Services in a manner consistent with any and all applicable laws and
regulations. You may not include in your Member profile any telephone numbers,
street addresses, last names, URLs or email addresses. You may not engage in
advertising to, or solicitation of, other Members to buy or sell any products or
services through the Services, except as to the extent expressly allowed by
jloTube in specific sections of the Services, such as the ?Classifieds? or
similar section of the Services. You may not transmit any chain letters or junk
email to other Members or other parties. Although jloTube cannot monitor the
conduct of its Members off the Services, it is also a violation of these rules
to use any information obtained from the Services in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or sell to
any Member without their prior explicit consent. In order to protect our Members
from such advertising or solicitation, jloTube reserves the right to restrict
the number of emails and other communications (including sharing of Content)
which a Member may send to other Members in any twenty-four (24) hour period to
a number which jloTube deems appropriate in its sole discretion.
7. YOUR MEMBER PROFILE. Any Content used for or photographs posted by you in
your Member profile may not contain nudity, violence, sexually explicit, or
offensive subject matter. You may not post a photograph of another person
without that person's permission.
8. USING THE jloTube BAND SERVICE. In connection with your registration on the
Service as a band, you may have the opportunity to post music, audio, artwork,
video, or other Content (collectively, "Band Content") on areas of the Service.
jloTube only permits and authorizes you to upload or post Band Content on the
Service if you have the right to upload or Post such Band Content, have the
right to grant the license in this Agreement to jloTube and all users of
jloTube, and comply with all copyright, privacy, attribution, trademark,
publicity, or other intellectual property or personal rights relating to such
Band Content. If you post any Band Content on the Service in violation of the
foregoing, your right to use the Service and any other associated services will
immediately cease and you agree to cease at that time any and all use of the
Service, any associated services, and any use of jloTube or third party content
available in connection with the Service or associated service. In addition to
other remedies set forth in this Agreement (including but not limited to
indemnification in section 18 below) jloTube will have the right to immediately
terminate or suspend your account.
9. COPYRIGHT POLICY. You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information without
obtaining the prior written consent of the owner of such proprietary rights.
Without limiting the foregoing, if you believe that your work has been copied
and posted on the Services in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information: an electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright interest; a description of the copyrighted work that you claim has
been infringed; a description of where the material that you claim is infringing
is located on the Website; your address, telephone number, and email address; a
written statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; a statement by
you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf. jloTube's Copyright Agent for notice of claims of
copyright infringement can be reached by using our contact form at http://www.jloTube.com/contact-us/
writing the following:
10. MEMBER DISPUTES. Your interactions with other Members in connection with the
Services or with advertisers, including, without limitation, payment and
delivery of goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and the
other Members or the advertiser. You agree that jloTube will not be responsible
for any loss or damage incurred as the result of any such dealings or with
respect to any other Member's use or disclosure of your personally identifiable
information. If there is a dispute between you and any third party (including,
without limitation, any Member), jloTube is under no obligation to become
involved; however, we reserve the right, but have no obligation, to monitor
disputes between you and other Members.
11. THIRD PARTY CONTENT. Content from other Members, advertisers, and other
third parties may be made available to you through the Services. Because we do
not control such Content, (a) you agree that we are not responsible for any such
Content and (b) we make no guarantees about the accuracy, currency, suitability,
or quality of the information in such Content, and we assume no responsibility
for unintended, objectionable, inaccurate, misleading, or unlawful Content made
available by other Members, advertisers, and other third parties.
12. RELEASE. To the extent permitted under applicable laws, you hereby release
jloTube from any liability related to: (a) any incorrect or inaccurate Content
posted on the Services, whether caused by any user of the Services or Member, or
by any of the equipment or programming associated with or utilized in the
Services; (b) the conduct, whether online or offline, of any user of the
Services or Member; (c) any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or Content players on account of technical
problems or traffic congestion on the Internet or at any website, or combination
thereof, including injury or damage to user's and/or Member's or to any other
person's computer related to or resulting from participating or downloading
materials in connection with the Services; (d) any loss or damage caused by
Content posted on the Services or transmitted by and to Members, or any
interactions between users of the Website and/or Members, whether online or
offline; and (e) any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, Website user or Member communications.
If you are a California resident, you hereby waive California Civil Code Section
1542, which states: "A general release does not extend to claims which the
creditor does not know or suspect to exist in his favor at the time of executing
the release, which, if known by him must have materially affected his settlement
with the debtor."
13. DISCLAIMER. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, THE SERVICES ARE
PROVIDED "AS-IS" AND AS AVAILABLE AND jloTube EXPRESSLY DISCLAIMS ANY WARRANTY
AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT AND
jloTube DOES NOT GUARANTEE AND DOES NOT PROMISE (A) ANY SPECIFIC RESULTS FROM
THE USE OF THE SERVICES; (B) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; (B)
THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE BASIS; OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE. jloTube DOES NOT ASSUME ANY OBLIGATION TO
MONITOR ACTIVITIES ON THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. LIMITATION ON LIABILITY. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS,
jloTube SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING
ALSO LOST PROFITS) ARISING FROM YOUR USE OF THE SERVICES, EVEN IF jloTube HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, jloTube'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
GREATER OF (1) ANY AMOUNT PAID BY YOU TO jloTube FOR THE SERVICES; AND (2)
TWENTY-FIVE U.S. DOLLARS (US$25). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
15. U.S. EXPORT CONTROLS. Any software provided by jloTube through the Services
(the "Software") is further subject to United States export controls. No
Software may be downloaded from the Services or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria, Sudan, or any other Country to which the U.S. has embargoed
goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By
downloading or using the Software, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
16. GOVERNING LAW AND ARBITRATION. This Agreement shall be governed by the laws
of the State of California without giving effect to any conflict of laws
principles that may provide the application of the law of another jurisdiction.
You and jloTube agree to submit to the jurisdiction of, and agree that venue is
proper in, the state courts located in San Francisco, California (USA) and the
federal courts located in the Northern District of California (USA) in such
legal action or proceeding. Any claim or dispute (excluding claims for
injunctive or other equitable relief as set forth below) in connection with this
Agreement where the total amount of the award sought is less than five thousand
U.S. Dollars (US$ 5,000.00) may be resolved in a cost effective manner through
binding non-appearance-based arbitration, at the option of the party seeking
relief. Such arbitration shall be initiated through an established alternative
dispute resolution provider ("ADR Provider") that offers arbitration as set
forth in this section and under the rules of such ADR Provider, except to the
extent such rules are in conflict with this Agreement. The party demanding
arbitration will propose an ADR Provider and the other party shall not
unreasonably withhold consent to use such ADR Provider. The ADR Provider and the
parties must comply with the following rules: a) the arbitration shall be
conducted by telephone, online and/or be solely based on written submissions,
the specific manner shall be chosen by the party initiating the arbitration; b)
all arbitration proceedings shall be held in English, or any other language the
parties may mutually agree upon; c) the arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise mutually agreed
by the parties; and d) any judgment on the award rendered by the arbitrator may
be entered in any court of competent jurisdiction. Each party shall bear its own
costs (including attorney fees) and disbursements arising out of the
arbitration, and shall pay an equal share of the fees and costs of the ADR
Provider. Notwithstanding the foregoing, jloTube may seek injunctive or other
equitable relief to protect its intellectual property rights in any court of
competent jurisdiction. Please note that the laws of the jurisdiction where you
are located may be different from California law. You shall always comply with
all the international and domestic laws, ordinance, regulations and statutes
that are applicable to your use of the Services.
17. ELECTRONIC COMMUNICATIONS. The communications between you and jloTube use
electronic means, whether you visit the Website or send us emails, or whether
jloTube posts notices on the Services or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from jloTube in
an electronic form; and (b) agree that all terms and conditions, agreements,
notices, disclosures, and other communications that jloTube provides to you
electronically satisfy any legal requirement that such communications would
satisfy if it were be in writing. The foregoing does not affect your non-waiveable
rights.
18. INDEMNITY. You agree to indemnify and hold jloTube, its subsidiaries,
affiliates, officers, agents, and other partners and employees, harmless from
any loss, liability, claim, or demand, including reasonable attorney's fees,
made by any third party due to or arising out of your use of the Services in
violation of this Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set forth above.
19. OTHER. This Agreement contains the entire agreement between you and jloTube
regarding the use of the Services. If any provision of this Agreement is held
invalid, the remainder of this Agreement shall continue in full force and
effect. Notwithstanding any other provisions herein, no party will be deemed as
a third-party beneficiary to this Agreement and a third party (including another
Member) who is not a party to this Agreement has no right to enforce any term of
this Agreement. If any provision of this Agreement is found to be invalid or
unenforceable, such provision will be changed and interpreted to accomplish the
objectives to the greatest extent possible under any applicable law and the
remaining provisions will continue in full force and effect. The failure of
jloTube to exercise or enforce any right or provision of this Agreement shall
not operate as a waiver of such right or provision. The section titles in this
Agreement are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.
20. COPYRIGHT/TRADEMARK INFORMATION. Copyright © 2008, jloTube. All rights
reserved. The trademarks, logos and service marks ("Marks") displayed on the
Services are our property or the property of other third parties. You are not
permitted to use these Marks without our prior written consent or the consent of
such third party which may own the Mark.
===================================== See Disclaimer below:
Copyright //
Disclaimer
The Fair Use Rule of The United States Copyright Act of 1976 clearly states that
you may post anything public on boards, web pages, and or magazines, as long as
you claim that it does NOT belong to you, and
that you are using it only to represent, and not gain anything from their use.
The music here is for entertainment purposes only. All original images, music
and lyrics copyrighted by their respective owners. Please support the artist by
purchasing their music on Tapes, CDs, and or MP3 Downloads
jlotube.com, associates, and affiliates do not claim to be affiliated with profiled entertainment and recreational establishments featured on this web site.
Some photos and photo representation of featured establishments Bars, clubs hotels etc., are the copyright property of the respective owners, and should not be copied from our site without express written permission from the applicable owner
All logos and photo images that are submitted should be by the owner or designated representative and should not be used without the copyright owner’s consent. Images and logos of establishments should only be placed on our site if it represents the interest of said establishment.
Angeles Jam.com reserves the right to remove any and all content from its' site without notice.
If anyone claims a featured video, photo, some or all of the content
within a jlotube.com featured video, can request the removal of the
video (s) or request that credit for content/featured video on
jlotube.com be placed in the description associated with such video
claims.
jlotube.com video production (s) authored by
jlotube.com or its affiliates, applies to the video recording, and not
actual content such as some photo images with other non-jlotube.com logo
affixed, music, logos,etc., which jlotube.com is not endorsing or
claiming any rights to thereof.
If images and or logos are owned by a site viewer who did not authorized images on our site, please send us your comments and or complaint along with a request to remove such items as soon as possible (ASAP) and we will investigate and if warranted, remove said item (s) from our site.
You ca also request to be given credit such as your name or company name
within the description area of photo and videos noting that video and or
content belongs to you.