Last updated October 1, 2017
Should you have any questions regarding the Websites or activities of JAFINA and its Related Entities you are welcome contact us.
Copyrights and Other Intellectual Property
i. sublicense, sell, assign or otherwise share the Content with anyone;
iii. distribute, share, trade or create any derivative works based on the Website, or any of the Content, and you agree and stipulate that any and all such uses is NOT “fair use” under 17 U.S.C. § 107;
iv. use the Website and/or any of the Content for any public display, public performance, sale or rental, and you hereby agree and stipulate that any and all such uses are NOT “fair use” under 17 U.S.C. § 107;
v. post, share, trade or offer for use/viewing/listening to or transcription copy of any or all of the Content to or through any websites or service, including, without limitation, through one-click hosting sites, file locker sites, bit torrent protocol, public or private forums, social sites, video hosting “tube” sites, or any other similar technology;
vi. remove any copyright or other proprietary notices from any of the Content; or
vii. circumvent any encryption or other security tool(s) used anywhere on the Website.
You acknowledge and agree that the foregoing list of prohibited uses is exemplary, non-exhaustive, and provided for illustrative purposes only. You further agree that the use of bots, employees, contractors, resellers, assigns, or any kind of automated process to copy, download, hot-link, frame, or otherwise use any Content is prohibited and will in all instances be considered commercial use.
From time to time, the Website may contain links to websites that are not owned, operated or controlled by JAFINA. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.
By providing us with your personal information you hereby agree: (i) that the information you provided is accurate and complete, and (ii) to always provide current, accurate and complete information about yourself.
Rules of Conduct for Using the Website
The following activities are strictly prohibited in connection with use of the Website or any services provided in connection therewith:
i. Distributing, copying, or using any materials that violate the copyrights, trademarks, or other intellectual property rights of JAFINA, or any third party.
ii. Distributing, copying or using the Website Content.
iii. Stating or implying that any statement made or conduct undertaken by you is endorsed or approved by JAFINA without our prior express written consent.
iv. Removal of any copyright, trademark or other propriety rights notice appearing on the Website;
v. Transmission of 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;
vi. Forgery of headers or other manipulation of identifying information in order to disguise the origin of any information transmitted via the Website;
vii. Using technology in any matter without our prior express written authorization in order to direct any person away from our Website to another website for any purpose;
viii. Modification, adaptation, sublicensing, translation, sale, reverse engineering, deciphering, decompiling or otherwise disassembling any portion of the Website, or causing others to do so.
Temporary Unavailability and Website Downtime
The Website may be temporarily unavailable from time to time for maintenance or other reasons. JAFINA assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission or communications line failure as a result of such unavailability. JAFINA is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet, on the Website, or on any website or any combination thereof, including injury or damage to Users’ or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using the Website.
Disclaimers and Limitations of Liability
THE WEBSITE, AND THE INFORMATION, MATERIALS AND SERVICES ON IT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JAFINA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF NON-INFRINGEMENT. JAFINA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MATERIALS PROVIDED ON OR THROUGH THIS WEBSITE WILL BE COMPLETE, ACCURATE, UP TO DATE, UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAFINA DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
JAFINA SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, EVEN IF JAFINA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. JAFINA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THE WEBSITE. IN NO EVENT SHALL JAFINA OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH IN THIS PARAGRAPH ARE ENFORCEABLE TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. CERTAIN STATE’S LAWS MAY NOT RECOGNIZE OR OTHERWISE MAY LIMIT SOME OF THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN. IF SO, YOU MAY HAVE ADDITIONAL RIGHTS.
We may deliver notices to you by means of e-mail, a general notice through the Website, or by other reliable method to any of the communication channels you have provided to us.
Choice of Law
Binding Arbitration for Disputes and Class Action Waiver
Domestic Use; Export Restriction
We make no representation that the Website, or any content are appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. Further, the United States export control laws prohibit the export of certain technical data and software to certain territories.
633 Third Avenue, 21st Floor, New York, NY 10017, Attn. Wendy Sobel-Barr, or e-mail us at JAFINA@jafi.org.