Product and Service Descriptions and Availability, Errors
JMC Innovations Ltd and its
suppliers will provide you with new products and services and we also may on
ocassions revise, change, or terminate our products and services without prior
notice to customers at any time. We shall incur no liability of any kind if a
product or service becomes unavailable after it has been ordered. We will
reserve the right to offer you an alternative product or service of equal or
greater value when a product or service does become unavailable or we have the
right to cancel the order.
We of course try to be as
accurate and as error free as possible on Jaydiocity, however we do not make
assurance that products or services are error free within the pricing,
description, or any other information is reliable, accurate, and complete.
If however there is an ocassion either
on the site or when processing an order, or whether delivering a product or
service there is an error, we will reserve the right to amend or correct your
order for that reason if necessary. In addition we may choose to provide you
with credits (Jaydiocity currency) to the value at least equal to the amount
that you were charged. In the event of such an error, your solution is to
cancel the order and get a refund as described above.
Virtual Gift Service
Virtual Gifts ('prezzies', 'drinks',
'cards') are only images which have no cash value. No physical gift similar to
the image will ever be delivered to the receiving party. A virtual gift shall
be defined for this purpose as an image that has only sentimental value, not
real value. Credit values assigned to images also have no real value related to
those images and are placed on images for entertainment value only. By sending,
receiving, or viewing a gift it should never be implied that the ownership,
title, or usage of the image has been transferred as JMC Innovations Ltd has
authorized rights to do so. All images used on our site are licensed by us for
use on the site but in no way does JMC Innovations Ltd transfer ownership to
anyone implied or otherwise who uses the site for the intended purpose. By
sending a virtual gift from the site, the image used must stay on the web site
at all times as the user has no rights to the image other than the intended
purpose.
Jaydiocity's virtual gift service allows
you to select an image and post it onto another members profile sometimes along
with a message from you. Jaydiocity does not have a limit on the length of time
the virtual gift will be posted on the members profile but in its sole
discretion we may change this policy without prior notice. The images and
other content included as part of the virtual gift is part of the site content
and is subject to all terms and conditions regarding such site content as are
described in the Terms of Service. Messages that are included in the virtual
gift also must meet the terms
and conditions as set out in the Terms of Service. JMC Innovations Ltd own the
rights to all virtual gift items such as 'prezzies', 'drinks' and 'cards' and
members must not reproduce, distribute, transfer, modify or otherwise use the
virtual gift in any other manner that has not been authorised by us. All use of
the virtual gift service is for your personal, non-commercial use only.
Jaydiocity's virtual gifts may be
purchased by using Credits (Jaydiocity currency). Credits may be purchased in
the form of credit/debit card, nochex / paypal accounts, phone or by mobile phone
text (sms). Jaydiocity Credits may be pre-purchased for use on a later date and
do not have a time scale for their usage. Jaydiocity Credits do not have a
monetary value and cannot be redeemed for cash. Jaydiocity Credits are non-refundable.
Jaydiocity Credits may be purchased
for other services within Jaydiocity. Other services include but not limited
to, Jaydiocity TV, Rating system, Competitions,' Webtxt', and 'Text To Site'
services.
There are no returns or
cancellations for any product or service purchased from Jaydiocity, including
without limitation the virtual gift service, Jaydiocity TV, Rating system, Competitions,
Webtxt, and Text To Site. All sales are non-refundable and non-cancellable,
except as described in this agreement, or in its sole descretion determined by
us.
Disclaimers
Products and Services on
Jaydiocity are provided to members or sold as is. JMC Innovations Ltd disclaims
any and all warranties and representations, either stated or implied. We cannot
and do not guarantee or promise any specific results from the use of products
and services. We also do not represent or warrant the accuracy, completeness,
reliability, and be up to date for products and services to be error free, or
that products and services which may be downloaded from the Jaydiocity Web Site
are free from viruses and other harmful web based threats. It is in your
interest to take precautions and use industry recognised virus software to
detect and disinfect.
Limitation on Liability
In no
event shall we be liable to you or any third party for any direct, indirect,
consequential, incedental, exemplary, special or punitive damages including for
any lost profits or lost data arising from your purchase or use of any of the
products or services arising from your use of the Jaydiocity Web Site, even if we have been advised of the possibility
of such damages. Not withstanding anything to the contrary contained herein, JMC
Innovations Ltd liability to you for any cause whatsoever and regardless of the
form of the action, will at all times be limited to the amount paid, if any, by
you to us for the Jaydiocity services during the term of your membership.
Indemnity
You agree to
indemnify and hold JMC Innovations Ltd, its subsidiaries and affiliates, and
each of their directors, agents, partners and employees, harmless from and
against any loss, liability, claim, demand, damages, costs and expenses,
including reasonable lawyer's fees, arising out of or in connection with your
purchase or use of any product or services, or any violation of this Agreement
or of any law or the rights of any third party.
Disputes
The Agreement shall be regulated by and interpreted in
accordance with the laws of England and Wales, without
regard to its conflict of law requirements. You and JMC Innovations Ltd agree to submit to the exclusive authority
of the courts located within England and Wales to
resolve any dispute arising out of the Agreement or the Jaydiocity Services.
Each of the parties hereby knowingly, voluntarily and intentionally waives any
right it may have to a trial by jury in respect of any court case (including
but not limited to any claims, counterclaims, cross claims, or third party
claims) arising out of, under or in connection with this agreement. Further,
each party hereto confirms that no representative or agent of either party has
represented, expressly or otherwise, that such party would not in the event of
a court case seek to enforce this waiver of right to jury trial provision. Each
of the parties acknowledges that this section is a material incentive for the
other party entering into this agreement.
Other
The Terms of Sale form the entire agreement between
you and JMC Innovations Ltd regarding the purchase that you make on the
Jaydiocity Web Site, superseding any previous agreements between you and JMC
Innovations Ltd relating to such purchases. If we fail to exercise or put into
affect any terms or right of these Terms of Sale will not form a waiver of such
term or right in that or any other example. If any term of this agreement is
held invalid then the rest of this agreement shall carry on in full force and
effect. If there is any term in these Terms of Sale that are deemed unlawful,
void or for any reason unenforceable then that term shall be deemed severable
from these Terms of Sale and shall not affect the validity and enforceability
of any remaining terms.
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