The following terms of use ("Terms of Use") is an agreement between you, the customer ("Customer"), and Madcadi Inc., a Delaware corporation and a subsidiary of IDGroup, a French company, ("Madcadi") governing the purchase, or attempted purchase, sale or receipt of any merchandise (collectively, "purchase" or "purchasing") through jacadi.us and jacadi.com, including any subdomains, any embedded code or objects, and any web services (collectively, "Site"). Hereinafter, Jacadi shall mean Madcadi, IDGroup, and all parents, subsidiaries, intermediaries and affiliates thereof and all the officers, directors, shareholders, employees and agents thereof.
The purchase, or attempted purchase, sale or receipt of any merchandise from the Site is governed by the Conditions of Sale. If you are under 18, you must let your parent or guardian know about this Terms of Use, the Conditions of Sale and Jacadi's Privacy Policy before you register to use this Site or any of this Site's services and your parent or guardian must register on your behalf. Any purchases made by a minor will be null and void.
We may modify the Terms of Use from time to time and your continued use of this Site following such change shall signify your agreement to be bound by the modified Terms of Use. Please read the Terms of Use and check back often. If you do not agree to any change to the Terms of Use, then you must immediately stop using the Site.
To use some of the services or features made available to you on this Site, you may need to register and create an account. You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You must keep your account password secure and notify Jacadi immediately of any breach of security or unauthorized use of your account. Although Jacadi will not be liable for your losses caused by any unauthorized use of your account, you may be liable for Jacadi's losses or others due to such unauthorized use.
Content is defined as all copyright, designs, the "look and feel" of the Site, trademarks, including the trademark Jacadi, and all other intellectual property rights including software and all HTML and other code contained in or run by this Site and all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, rich media, including Flash and Silverlight, images, sounds, music, video, or audio files on this Site. You acknowledge and agree that all Content shall remain at all times vested in Jacadi and/or are the property of their respective owners. All such Content is protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by Jacadi and/or its third party licensors. Any reproduction or redistribution of Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site.
You agree not to collect or harvest any information, including account names, from the Site, nor to use the communication systems provided by the Site for any solicitation purposes. You agree not to solicit, for purposes, any users of the Site with respect to any submissions made by them.
We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, at our sole discretion, that you engaged in prohibited activities, or otherwise violated the Terms of Use, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.
We may include links on this Site to other websites or resources operated by parties other than Jacadi, including advertisers. Jacadi has not reviewed all of the sites linked to its Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
You agree that, except for death and personal injury arising from our gross negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the Terms of Use.
At our request, you agree fully to defend, indemnify and hold harmless Jacadi, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the Terms of Use by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet connection. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these Terms of Use and your use of the Site.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please contact our Copyright Agent at customerservice@jacadi.us with "Copyright" in the subject.
(a) Complete Terms. The Terms of Use, together with the Conditions of Sale and the Privacy Policy constitute the whole legal agreement between you and Jacadi and govern your use of the Site and completely replace any prior agreements between you and Jacadi in relation to the Site. Notwithstanding the foregoing, you understand that Jacadi may make changes to the Terms of Use from time to time. When these changes are made, Jacadi will make a new copy of the Terms of Use available on the Site. You agree that Jacadi is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms of Use regularly for changes.
(b) Modifications to the Site. Jacadi is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Site which Jacadi provides may change from time to time without prior notice to you. You further acknowledge and agree that Jacadi may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally at Jacadi's sole discretion, without prior notice to you.
(c) Confidentiality. You understand that Jacadi grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials ("Indexing Exceptions"). Jacadi reserves the right to revoke Indexing Exceptions either generally or in specific cases.
(d) Liability in the Event of Breach. You agree that you will comply with all of the provisions of the Terms of Use, Conditions of Sale and Privacy Policy. You understand that you are solely responsible for (and that Jacadi has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use, Conditions of Sale and Privacy Policy and for the consequences (including any loss or damage which Jacadi may suffer) of any such breach.
(e) Rights Not Waived. You agree that if Jacadi does not exercise or enforce any legal right or remedy which is contained in the Terms of Use (or which Jacadi has the benefit of under any applicable law), this will not waive Jacadi's rights and that those rights or remedies remain fully enforceable and available to Jacadi.
(f) Severability. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use is invalid, then that provision will be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use will continue to be valid and enforceable.
(g) Governing Law. The Terms of Use, Conditions of Sale and Privacy Policy and your relationship with Jacadi, shall be governed by the laws of the State of New York without giving effect to the principles of conflict of law thereof. You and Jacadi agree to submit to the exclusive jurisdiction of the State and Federal courts in New York City, New York, and waive any claim or defense of forum non conveniens or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise. You agree to waive any right to a jury trial.
(h) Violation of Terms of Use. Please report any violations of the Terms of Use by customerservice@jacadi.us
