Terms of Service:
Before signing up for an account with JAYINTERACTIVE.COM
( part of JAYNETWORK ) you must review and accept the Terms and Conditions.
Signing up for an account implies such acceptance.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
JAYINTERACTIVE.COM
is operated under the terms and conditions contained in this document (referred
to as "Terms and Conditions"). BY COMPLETING THE REGISTRATION FORM
AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS set forth below:
2. DESCRIPTION OF SERVICE
JAYINTERACTIVE.COM is providing its Members a FREE Web Hosting account ( in
which you can create your own website ) with a capability to send and receive
electronic mail ("email") via the World Wide Web and on JAYNET's own
system. There is no charge to the Member for this Service, but you must at least
be a registered member to the affiliation programs available for free from our
site ( JAYINTERACTIVE.COM ). However, you must (1) provide all equipment, including
a computer and modem, necessary to establish a connection to the World Wide
Web and (2) obtain access to the World Wide Web and pay any telephone service
fees associated with such access.
3. MEMBER OBLIGATIONS
In consideration for this Service, you agree to provide certain information
about yourself as prompted to do so by JAYINTERACTIVE.COM,
and update this information as necessary in your account to keep it current,
complete and accurate. All information requested on original sign up shall be
referred to as registration data ("Registration Data"). Furthermore,
you are granting JAYINTERACTIVE.COM
the right to disclose to third parties certain information about you; however,
such disclosures will exclude Member's name, mailing address, account and phone
number, unless you expressly direct JAYNET to disclose such information or JAYINTERACTIVE.COM
is required to disclose such information by operation of law or to comply with
legal process served on The Service. If any information provided by you is inaccurate,
JAYNET retains the right to terminate your membership and all associated rights
to the Service.
4. MODIFICATIONS TO TERMS OF SERVICE
JAYINTERACTIVE.COM may change the Terms and Conditions of service from time
to time. It is your responsibility to check this document periodically for any
changes or modifications as there will be no individual notices to JAY INTERACTIVE
Members regarding such changes or modifications. Your continued use of the Service
constitutes an affirmative acknowledgment by you of the Terms and Conditions
and any subsequent modifications made to them and your agreement to abide and
be bound by them.
5. MODIFICATIONS TO THE SERVICE
JAYINTERACTIVE.COM
reserves the right to modify or discontinue the Service with or without notice
to its Members. JAYINTERACTIVE.COM
shall not be liable to Member or any third party should they exercise their
right to modify or discontinue the Service.
6. PRIVACY POLICY
It is JAY INTERACTIVE's policy to respect the privacy of its Members. Therefore,
in addition to the privacy of registration data JAYINTERACTIVE.COM
will not monitor, edit, or disclose the contents of its Members' private communications
unless required to do so by law ( to defend the concept rights of Julian Jerman
) or in the good faith belief that such action is necessary to conform to the
edicts of the law or comply with legal process served on The Service or to protect
and defend the rights or property of The Service. As a JAYINTERACTIVE Member,
you acknowledge and agree that The Service neither endorses the contents of
any Member communications nor assumes responsibility for any threatening, libelous,
obscene, harassing or offensive material contained therein, any infringement
of third party intellectual property rights arising therefrom or any crime facilitated
thereby. As a Member you acknowledge and understand that certain technical processing
of email messages and their content may be required to send and receive messages;
conform to connecting networks' technical requirements; conform to the limitations
of the Service; or conform to other similar requirements.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member of the JAYINTERACTIVE.COM Services, you will receive
a password and an account. You, alone, are responsible for maintaining the confidentiality
of your password. Furthermore, you are entirely responsible for any and all
activities which occur under your account. You must immediately notify JAY INTERACTIVE's
Administrator of any unauthorized use of your account or any other breach of
security known to you. You may change your password at any time by following
instructions provided. You may also set up a new account and close an old one
at your convenience.
8. DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE IS AT MEMBER'S
SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. JAYINTERACTIVE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. THE SERVICE MAKES NO WARRANTY THAT THE SERVICE WILL MEET MEMBER'S
REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR FREE. THE SERVICE MAKES NO GUARANTEES AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICE OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS AT MEMBER'S OWN RISK AND MEMBER IS
SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. THE SERVICE MAKES
NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
JAYINTERACTIVE.COM SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM THE
SERVICE OR THROUGH THE JAYINTERACTIVE.COM SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
9. LIMITATION OF LIABILITY
THE SERVICE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE
SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING
FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR
ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF THE SERVICE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE SERVICE SHALL
NOT BE HELD RESPONSIBLE FOR ANY MESSAGES RECEIVED BY MEMBER, REGARDLESS OF THEIR
CONTENT.
10. NO RESALE OR COMMERCIAL USE OF THE SERVICE
Your right to use the Service is personal to you. Therefore, a JAYNETWORK Member
may only be an individual, not a corporation or other business entity. You may
not resell or make any commercial use of the JAYINTERACTIVE.COM Services, without
the express written permission of the JAY INTERACTIVE's Administrator.
11. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
JAYINTERACTIVE.COM
assumes no responsibility for the deletion or failure to store email messages.
The Service has set no fixed upper limit on the number of messages you may send
or receive through the Service; however, JAYINTERACTIVE.COM
retains the right, at its sole discretion, to determine whether or not a Member's
conduct is consistent with the letter and spirit of the Terms and Conditions
of this service. JAYINTERACTIVE.COM
may terminate Service if a Member's conduct is found to be inconsistent with
the intent of this agreement.
12. MEMBER CONDUCT
You are solely responsible for the contents of your transmissions through the
JAYINTERACTIVE.COM
Services. Your use of the Service is subject to all applicable local, state,
national and international laws and regulations. Therefore, you agree: (1) to
comply with all applicable United States laws regarding the transmission of
technical data exported from the U.S. through the Service; (2) that you shall
not use the Services for illegal purposes; (3) that you shall not interfere
or disrupt networks connected to the JAY INTERACTIVE server; and (4) that you
shall comply with all regulations, policies and procedures of networks connected
to the Service. The Service makes use of the Internet to send and receive certain
messages; therefore, your conduct is subject to Internet regulations, policies
and procedures. Members may not use the Service to send chain letters, junk
mail or spam (unsolicited bulk e-mail) or to communicate with any person who
has not given specific permission to be included in such communications. In
addition, you may not transmit through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. You further agree not to transmit any material
that encourages conduct that could constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state, national
or international law or regulation. Attempts to gain unauthorized access to
JAYINTERACTIVE.COM
server or other computer systems are prohibited and will be saved and sent to
the Competent Authority. Members may not interfere with another Member's use
and enjoyment of the Service or another entity's use and enjoyment of similar
services.
JAYINTERACTIVE.COM
may, at its sole discretion, immediately terminate Services should Member's
conduct fail to conform with these Terms and Conditions. JAYINTERACTIVE.COM
reserves the right to terminate any inactive account.
13. INDEMNIFICATION
You agree to indemnify and hold JAYINTERACTIVE.COM,
its Administrator, officers, directors, employees, subsidiaries, affiliates,
successors and assigns, harmless from any third party claim or demand, including
reasonable attorneys' fees, made in connection with or arising out of your use
of the Services, your violation of the Terms and Conditions, or the infringement
by you, or other users of the Service using your membership, of any intellectual
property, right of privacy or publicity, or other right of any person or entity.
14. TERMINATION/CANCELLATION
JAYINTERACTIVE.COM
may terminate the Services with or without cause at any time and effective immediately.
Termination shall be accompanied by a written notice. JAYINTERACTIVE.COM
shall not be liable to you or any third party for termination of Services. Should
Member object to any terms and conditions of this service or any subsequent
modifications thereto or become dissatisfied with the Service in any way, your
sole and exclusive recourse is to immediately discontinue your use of the Service;
cancel your membership; and notify The Service of your cancellation. Upon termination
of the Service, your right to use the Services and Software immediately ceases
and you shall have no right and JAYINTERACTIVE.COM shall have no obligation
thereafter to forward any unread or unsent messages to Member or any third party.
15. NOTICE
Except as otherwise indicated herein, all notices to you from JAYNETWORK or
from you to The Service shall be in writing and shall be made via email or conventional
mail. JAYNETWORK may post notices or messages through its website to inform
Members of changes to the Services, or the Terms and Conditions of service,
or other matters of importance; such postings shall constitute sufficient written
notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
You may enter into correspondence with or participate in promotions of the Advertisers
marketing their products on JAYINTERACTIVE.COM
in order to earn money. Any such correspondence or promotions, including the
delivery of and the payment for goods and services, and any other terms, conditions,
warranties or representations associated with such correspondence or promotions,
are solely between the corresponding Member and the Advertiser. JAYINTERACTIVE.COM
assumes no liability, obligation or responsibility for any part of any such
correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT
Members acknowledge that content, including but not limited to text, photographs,
video, graphics, software, music, sound, or other material contained in either
sponsor advertisements or emails presented to Member by The Service or The Service's
Advertisers (collectively referred to as "Content"), is protected
under the laws of copyright, trademark, patent, unfair competition or other
applicable laws. Therefore, you are only permitted to use this Content as expressly
authorized by The Service or the Advertisers associated with the The Service
service. Members may not copy, reproduce, distribute, or create derivative works
from this Content without the express written authorization to do so by JAYINTERACTIVE.COM
or the Advertiser.
18. LAWS
This Terms and Conditions agreement shall be governed by and construed in accordance
with the laws of U.S.A., excluding its conflict of law provisions. Both Member
and JAYINTERACTIVE.COM
agree to submit to the exclusive jurisdiction of the courts of the United States.
If any provision(s) of these Terms and Conditions are held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall be construed,
as nearly as possible, to reflect the intentions of the parties with the other
provisions remaining in full force and effect.
The Service's failure to exercise or enforce any right or provision of the Terms
and Conditions shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by The Service in writing. Member and JAYINTERACTIVE.COM
agree that any cause of action arising out of or related to this Service must
commence within one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred.
By agreeing to these Terms and Conditions you certify that all information you
supply to this service is true and correct to the best of your knowledge. This
Terms contain all conditions of your agreement with JAYINTERACTIVE.COM
by using this website; therefore any other written declaration will be not valid.
19. JAY RADIO LIVE
programs hosted / streamed on the "deezer.it"
platform through the account / APP ID "116865":
jayinteractive.com has no archive / database of mp3, wav, wma songs copyrighted or belonging to italian artists covered by SIAE. The owner / administrator of "jayinteractive.com" could use a paid service (Personal Broadcasting) provided by "deezer.it" (Radio Social Network) that allows, through the user account, the creation and streaming of web based playlists with songs authorized for performance In Italy, France, U.K., USA
Info about "how to listen to" by clicking here.
From what has been said above, it is clear that there is no way for anyone to:
*sub-license the content
*profit from it;
*offer it to others for free.
My
concern in requesting clear and documented information about "JAYRADIOLIVE"
use on the net (basic
broadcasting mode
only - no live | click here) and
my concern in drafting this document published in the TOS of "jayinteractive.com"
are already a sufficient and convincing proof of my fairness and good faith
regarding the use of music on the net.
Clicca >>> Regolamento <<< Qui
ADMINISTRATOR