JumpUpon Terms of Service

Definitions as Used Here

a. "Hosts" means JumpUpon.

b. "Site" or "Service" means the collection of web pages that can be accessed via this website, as well as any successor web pages or other technology as may be designated by the Hosts.

c. "Terms" or "Agreement" means these Terms of Service.

d. "Use" and its variants are meant in their broadest sense, including, but not limited to, the acts of using, accessing, receiving, browsing, downloading from, and uploading to. A "User" is a person or entity who Uses the Site.

e. "User", "You", "Your", or "Member" means you personally, as well as any person or entity on whose behalf you are Using the Site.

Acceptance of Terms

Hello and welcome to JumpUpon. Before using JumpUpon, please look over the following terms and conditions. If you do not agree to abide by these Terms, then you may not access JumpUpon, or use the content or any services offered. By accessing JumpUpon or using any part of the Site you represent that you have read, understand, agree to become bound by these terms and conditions.

Changes in Terms of Service

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service at any time, without notice. Your continued use of the JumpUpon website, following the posting of changes to these terms, will mean you accept those changes. Please review these Terms from time to time so that you will be aware of any changes.

Your Registration Obligations

As a condition to using the Site, you are required to register with the Host using your email address. You shall provide the Host with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your JumpUpon account. You shall be responsible for maintaining the confidentiality of your JumpUpon account and login credentials.

Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you are under 13 years old, do not attempt to register or use the Site.

Creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

User Conduct

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by JumpUpon. In agreeing to comply with these terms and conditions of service, you agree to the following:

• You will not register for more than one Site account or for a Site account on behalf of any other individual, group or entity;
• You will not defame, abuse, stalk, threaten, harass or infringe on the rights of any person (such as rights of privacy) that uses this Site;
• You will not post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site;
• You will not disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law;
• You will not violate any laws in your jurisdiction (including but not limited to copyright laws);
• You will not disseminate content that is unlawful or promotes or encourages illegal activity or that would violate the property rights of others;
• You will not, expressly or impliedly, indicate that any statements you make are endorsed by JumpUpon, without specific prior written consent;
• You will not disrupt or interfere with the Service, or the servers or networks connected to the servers;
• You will not use the Site in any unlawful manner or in any other manner that could damage, disable, overwhelm or impair the Site;
• You will not distribute viruses or any other technologies that may harm JumpUpon, or the interests or property of JumpUpon Users;
• You will not employ any robot, spider, or other manual or automatic device or process to retrieve, index, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
• You will not collect contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• You will not mirror or manipulate any part of the Site, without JumpUpon's prior written authorization. You shall not use meta-tags, code or other devices containing any reference to the Site for the purpose of directing Internet users to any other Website for any other purpose;
• You will not include in your account or public profile any offensive or obscene anatomical or sexual references, and you will not post any material containing nudity or personal information. JumpUpon reserves the right, but does not assume the obligation, to reject any profile or photo that does not comply with these provisions;
• You will not incorporate material that 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; and
• You will not engage in the solicitation of, or advertising to, other members to benefit any products or services not endorsed through the Site. You will not transmit any junk e-mail or Spam to other Site members.

JumpUpon may remove any content and JumpUpon accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report Terms of Service abuse, please email: abuse@jumpupon.com

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OR INFORMATION YOU PUBLISH OR DISPLAY ON THE SITE, OR TRANSMIT TO OTHER USERS. Even though all of the above is strictly prohibited, there is a possibility that you will be exposed to such material and you further waive your right to any damages related to such exposure.

Termination

JumpUpon may terminate or suspend any and all use of the Site and your JumpUpon account immediately, without prior notice or liability, if JumpUpon has a reasonable belief that you may have breached any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Site will immediately cease. If you wish to terminate your JumpUpon account, you may simply discontinue using the Site. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Privacy

You consent to the collection, processing and storage by the Host of any personal information provided by You in accordance with the terms of JumpUpon's Privacy Policy, which is available here. You agree to comply with all applicable laws and regulations, and the terms of JumpUpon's Privacy Policy, with respect to any use by You of any personal information in connection with this Site.

Trademarks

All logos and trademarks contained on this Site are and remain the property of their respective owners. No licenses or other rights in or to such logos and/or trademarks are granted to You by these Terms. JumpUpon is not affiliated with or endorsed by the companies or respective owners of the logos and/or trademarks.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail).

Links to Other Sites

You understand that the Site may provide links to other sites or content that is not hosted or managed by JumpUpon, and you agree that JumpUpon have no control over, responsibility or liability whatsoever relating to any such sites or content, including Your Use of them. JumpUpon is not affiliated with or endorsed by the companies or web sites listed on our website. All brand, company, and product names are trademarks or registered trademarks of their respective owners. All users of JumpUpon agree to respect the rights of the third party content owners.

Third Party Sites and Advertisers

JumpUpon includes links, images, and text provided as automated advertising results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any content or other materials on these third party sites. Any dealings that you have with advertisers found on JumpUpon are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

Indemnification

You agree to indemnify, defend and hold harmless JumpUpon as an entity, and its parents, subsidiaries, affiliates, customers, vendors, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) related to your violation or alleged violation of this Agreement or use of the Site.

Disclaimer of Warranties

JumpUpon disclaims all warranties and conditions with regard the quality, suitability, truth, or accuracy of the content on this site.

JUMPUPON DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS, OR "HACKERS" OF THE SERVICE). THE CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JUMPUPON CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JUMPUPON DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JUMPUPON DOES NOT WARRANT THAT THE SERVICE AND FUNCTIONS RELATED TO ITS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JUMPUPON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEBSITE REGARDING ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. UNDER NO CONDITIONS WILL JUMPUPON BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE WEBSITE OR THE SERVICE, ANY CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USES OF THE WEBSITE, WHETHER ONLINE OR OFFLINE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JUMPUPON BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT/SERVICES OF THE WEBSITE, EVEN IF JUMPUPON OR ITS AGENTS KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTRARY CONTAINED HEREIN, JUMPUPON'S LIABILITY TO YOU FOR ANY CASE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JUMPUPON FOR THE SERVICE OF THE TERM OF MEMBERSHIP.

Governing Law

You agree that the laws of the State of Texas govern this contract and any claim or dispute that you may have against us, without regard to Texas's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us will be resolved by a court located in the State of Texas and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF SERVICE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF TEXAS OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF TEXAS FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.

General

You agree that these Terms of Service are the complete agreement for the Site, Materials and Submissions, and these Terms of Service supersedes all prior or contemporaneous agreements or representations. If any term of these Terms of Service is found to be invalid or unenforceable, the remaining provisions will remain effective.

Last updated: January 4, 2011