Your access to and use of JabbasPalace.com ("Site") is subject to
the following terms and conditions and all applicable laws. By
accessing and browsing the Site, you accept, without limitation or
qualification, these Terms and Conditions. If you do not agree to
these Terms and Conditions, please do not use the Site.
You should assume that everything you see or read on the Site is
copyrighted unless otherwise noted, and may not be used except as
provided in these Terms and Conditions without the written
permission of Midori Inc.
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site are registered and unregistered
Trademarks of Midori Inc. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademark displayed on the Site without
the written permission of Midori Inc. or such third party that may
own the Trademarks displayed on the Site. Your misuse of the
Trademarks displayed on the Site, or any other content on the Site,
except as provided in these Terms and Conditions, is strictly
prohibited. You are also advised that Midori Inc. will aggressively
enforce his intellectual property rights to the fullest extent of
the law, including the seeking of criminal prosecution.
While Midori Inc. uses reasonable efforts to include accurate
and up to date information in the Site, Midori Inc. makes no
warranties or representations as to its accuracy. Midori Inc.
assumes no liability or responsibility for any errors or omissions
in the content of the Site. Images of people or places displayed on
the Site are either the property of, or used with permission by,
Midori Inc. The use of these images by you, or anyone else
authorized by you, is prohibited unless specifically permitted by
these Terms and Conditions or specific permission provided elsewhere
on the Site. Any unauthorized use of the images may violate
copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
Your use of and browsing in the Site are at your risk. Neither
Midori Inc. nor any other party involved in creating, producing, or
delivering the Site is liable for any direct, incidental,
consequential, indirect, or punitive damages arising out of your
access to, or use of, the Site. Without limiting the foregoing,
everything on the Site is provided to you "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so
some of the above exclusions may not apply to you. Check your local
laws for any restrictions or limitations regarding the exclusion of
implied warranties. Midori Inc. also assumes no responsibility, and
shall not be liable for, any damages to, or viruses that may infect,
your computer equipment or other property on account of your access
to, use of, or browsing in the Site or your downloading of any
materials, data, text, images, video, or audio from the Site.
Midori Inc. has not reviewed all of the sites linked to the Site
and is not responsible for the content of any off-site pages or any
other sites linked to the Site. Your linking to any other off-site
pages or other sites is at your own risk.
Although Midori Inc. may from time to time monitor or review
discussions, chats, postings, transmissions, bulletin boards, and
the like on the Site, Midori Inc. is under no obligation to do so
and assumes no responsibility or liability arising from the content
of any such locations nor for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity, danger, or
inaccuracy contained in any information within such locations on the
Site.
Personally identifiable information that may be collected in
connection with your voluntarily filling out contest entry forms is
retained by Midori Inc. and is not sold or otherwise transferred
without your prior consent. This information may be used to better
understand your use of the Site.
Midori Inc. requires children to consult with their parents
before furnishing data. Personal information about or obtained from
a child will not be used for commercial or trade purposes without
the prior written consent of a parent or legal guardian of the
child.
You agree to indemnify, defend and hold Midori Inc. and his
affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the
"Indemnified Parties") harmless from and against any and all claims,
liability, losses, costs and expenses (including attorneys' fees)
incurred by any Indemnified Party in connection with any breach by
you of these Terms and Conditions. Midori Inc. reserves the right,
at his own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, and in such
case, you agree to cooperate with Midori Inc.'s defense of such
claim.
The Sites are controlled and operated by Midori Inc. from within
the State of Arizona, United States of America. Midori Inc. makes
no representation that materials in the Sites are appropriate or
available for use in other locations and other countries. Those who
choose to access the Sites from other locations do so on their own
initiative and are responsible for compliance with local laws, if
and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Arizona, as it is applied
to agreements entered into and to be performed entirely within such
State. Any action you, any third party or Midori Inc. bring to
enforce this agreement or, in connection with, any matters related
to the Site shall be brought only in either the state or Federal
Courts located in Maricopa County, Arizona, and you expressly consent
to the jurisdiction of said courts. If any provision of this
agreement shall be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this agreement
and shall not affect the validity and enforceability of any
remaining provisions. This is the entire agreement between the
parties relating to the matters contained herein and shall not be
modified except in writing, signed by an officer of Midori Inc.
Midori Inc. may at any time revise these Terms and Conditions by
updating this posting. You are bound by any such revisions and
should therefore periodically visit this page to review the then
current Terms and Conditions to which you are bound.