Terms of Use

1. Binding Effect.  This is a binding agreement.  By using the Internet site located at www.Jondo.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Harvest Productions, Ltd. for Jondo.com  (“Jondo”) from time to time in its sole discretion.  Jondo will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.  It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.  YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. Privacy Policy.  Jondo respects your privacy and permits you to control the treatment of your personal information.  A complete statement of Jondo’s current privacy policy can be found on the Site.  Jondo’s Privacy Policy is expressly incorporated into this Agreement by this reference.

3. Password Security.  In order to access the Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form.  You will also be asked to provide a user name and password.  You are entirely responsible for maintaining the confidentiality of your password.  You may not use the account, username, or password of someone else at any time. You agree to notify Jondo immediately of any unauthorized use of your account, user name, or password.  Jondo shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.  You may be held liable for any losses incurred by Jondo, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

4.  User Content. You grant Jondo a non-exclusive, transferable, sublicensable, worldwide license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Jondo, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Jondo, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

5. Compliance with Intellectual Property Laws; Take Down Notice 

A. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others.  Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID.  The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

B. In accordance with the requirements of the Digital Millennium Copyright Act (“DMCA”), which includes the Online Copyright Infringement Liability Limitation Act, and the protections they provide, please see the following information for contacting our Designated Agent to whom we ask that you mail any notifications of intellectual property infringement on Jondo:

Jennifer Coulston

JONDO USA, LTD

D/ba Jondo

8030 E. Crystal Drive

Anaheim, California 92807 

Fax: 714.279.2301

Email: jenny@jondo.com

C. Upon proper notification from you or other users of Jondo of a claim of infringement of your copyrighted material, it is the policy of Jondo to act expeditiously to remove or block access to the alleged infringing material (“Take Down Notice”).  A copyright owner claiming infringement must submit to the Jondo Designated Agent (“Jondo Agent”) a notice of alleged infringement, which must include the following: 

• A physical or electronic signature of the copyright owners (or someone authorized to act on their behalf);
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the infringing material to be removed, and information reasonably sufficient to permit Jondo to locate the material;
• Information reasonably sufficient to permit Jondo to contact the complaining party;
• A statement that the complaining party has a good faith belief that the use of the material is unauthorized by the copyright agent; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Upon receipt by the Designated Agent of all elements of the notice described in this Section, the Designated Agent shall respond within three business days to your notice of alleged infringement and any actions taken on behalf of Jondo.

D. If you are the recipient of a Take Down Notice from Jondo, and wish to have the alleged infringing material restored, please provide a counter-notification addressed to the Designated Agent and include the following information:

• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside the United States, you consent to jurisdiction of any judicial district in which Jondo may be found), and that you will accept service of process from the person who provided the original infringement notification.
• A description of the material that has been taken down and the original location of the material before it was taken down.
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

6. Inappropriate Content.

a. You agree not to upload any Content that is obscene or pornographic. Jondo reserves the right to terminate your receipt or transmission of any such material using the Service, and, if applicable, to delete any such material from its servers.  Jondo intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

b.  From time to time, the Jondo Service may offer you the opportunity to establish personal web pages or profiles, calendars, bulletin board services, chat areas, news, or other communication facilities.   When using any Services or any other area of the site, you agree not to conduct surveys, contests, pyramid schemes, or send chain letters, junk mail, spam, or unsolicited messages. You are prohibited from uploading viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; use of metatag searches of the website or the service; or creating a false identity for the purpose of misleading others.

7. Limited Liability.   Jondo’s liability to you is limited.  To the maximum extent permitted by law, in no event shall Jondo be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by Jondo.  This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

8. Affiliated Sites.  Jondo has no control over, and no liability for any third party websites or materials.  Jondo may work with a number of partners and affiliates whose Internet sites may be linked with the Site.  Because neither Jondo nor the Site has control over the content and performance of these partner and affiliate sites, Jondo makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Jondo assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.  Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties.  You acknowledge and agree that Jondo makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content. 

9. Prohibited Uses. 

A. From time to time, the Jondo Service may offer you the opportunity to establish personal web pages or profiles, calendars, bulletin board services, chat areas, news, or other communication facilities.   Jondo imposes certain restrictions on your permissible use of the Site and the Service.  You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading,  “flooding,” “spamming,” “mail bombing,” harvesting bots, robots, spiders, scrapers, or “crashing;” (iv) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Jondo in providing the Site or Service.  Any violation of system or network security may subject you to civil and/or criminal liability.

B. In addition to the prohibited uses of the Site listed in Section A above, you agree to the following for the safety of all users:

i. You will not send or otherwise post unauthorized commercial communications (such as spam).

ii. You will not engage in unlawful multi-level marketing, such as a pyramid schemes.

iii.  You will not solicit login information or access an account belonging to someone else.

iv.  You will not bully, intimidate, or harass any user.

v.  You will not post content that is hateful, threatening, or pornographic; incites violence, contains nudity or graphic or gratuitous violence.

vi.  You will not facilitate or encourage any violations of this Statement.

C. In addition to the prohibited uses of the Site listed in Section A above, you agree to the following prohibitions, which affect user registration and account profiles:

1. You will not provide any false personal information on Jondo, or create an account for anyone other than yourself without permission.
2. If we disable your account, you will not create another one without permission.
3. You will keep your contact information accurate and up-to-date.
4. You will not share your password, allow anyone else to access your account, or do anything, which might jeopardize the security of your account.
5. You will not transfer your account (including any profile you administer) to anyone else access your account, or do anything else that might jeopardize the security of your account.
6. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).

10. Indemnity. You agree to indemnify Jondo for certain of your acts and omissions. You agree to indemnify, defend and hold harmless Jondo, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Jondo will notify you promptly of any such claim, loss, liability, damage, or cost. 

11. Governing Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law.  You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orange County, California in all disputes arising out of or related to the use of the Site or Service. 

12. Severability; Waiver.  If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 

13. Modifications. Jondo may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or other Service; and (c) discontinue the Site and/or Service at any time.  Jondo shall post any revision to these Terms of Use to the Site, and the revisions shall be effective immediately on such posting.  You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions.  You agree that by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.