Jumungo Membership Privacy Policy
   

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Jumungo Membership Privacy Policy


Overview
This document discloses the privacy practices for www.Jumungo.com. When you visit a Web site displaying the Jumungo.com logo, you can expect to be notified of: What personally identifiable information of yours is collected; What organization is collecting the information; How the information is used; With whom the information may be shared; What choices are available to you regarding collection, use and distribution of the information; What kind of security procedures are in place to protect the loss, misuse or alteration of information under the company's control; and How you can correct any inaccuracies in the information. Questions regarding this statement should be directed to Jumungo.com. by sending email to: Jumungo@Jumungo.com

So what does Jumungo.com's relationship mean for you?

It means that your privacy is very important to us and you can be assured that our privacy practices are held to high standards by outside organizations. As part of the normal operation of our services we collect and, in some cases, disclose information about you. This Privacy Policy describes the information we collect about you and what may happen to that information. Although this policy may seem long, we have prepared a detailed policy because we believe you should know as much as possible about Jumungo.com's practices so that you can make an informed decision. The privacy practices of this notice apply to the http://www.Jumungo.com/ website and apply generally to our subsidiaries or joint venture partners.. Generally all of our subsidiaries and joint venture partners operate under similar privacy practices as described in this Privacy Policy and, subject to the requirements of applicable law we strive to provide a consistent set of privacy practices throughout our global Jumungo.com community. As described below, some of your personally identifiable information is disclosed to third parties and used by us and third parties. By accepting the User Agreement, you expressly consent to our use and disclosure of your personally identifiable information. This Privacy Policy is incorporated into and subject to the terms of the Jumungo.com User Agreement.

  1. A Special Note About Children.
    Children are not eligible to use our services and we ask that minors (under the age of 18) do not submit any personal information to us. If you are a minor, you can use this service only in conjunction with your parents or guardians.
  2. Information We Collect.
    Our primary goal in collecting personal information from you is to provide you with a smooth, efficient, and customized experience while using our services. This allows us to provide services and features that most likely meet your needs, and to customize our service to make your experience easier and quicker. To fully use our services, you will need to register using our online registration form, where you will be required to provide us with your contact information and other personal information as described in our privacy appendix. You may provide us with a User ID; if you don't, we will use your email address as your User ID. Under some circumstances, such as if you are registering using an email account at a free email service, we require some additional information, including billing address, credit card number and credit card expiration date. We use this credit card information to verify your name, address, and other information. We automatically track certain information about you based upon your behavior on our site. We use this information to do internal research on our users' demographics, interests, and behavior to better understand and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address. In addition, we use cookies on certain pages of our site. We may also offer certain features that are only available through the use of a cookie. Among other reasons why we use cookies, cookies allow you to enter your password less frequently during a session. Cookies can also help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on our site. Most cookies are "session cookies," meaning that they are automatically deleted at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on our site and you may be required to reenter your password more frequently during a session. If you choose to advertise, buy or sell through our site, we collect information about your advertising, buying and selling behavior. If you establish a credit account with us, we collect some additional information, including billing address, credit card number and credit card expiration date and tracking information from checks or money orders. If you choose to post messages in our chat rooms or other message areas or leave feedback for other users, we will collect such information about you as you choose to disclose. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect such information into a file specific to you.
  3. Our Use of Your Information.
    We use personally identifiable information about you to improve our marketing and promotional efforts, to statistically analyze site usage, to improve our content and product offerings and to customize our site's content, layout, and services. We believe these uses allow us to improve our site and better tailor it to meet our users' needs. We may also use your information to deliver information to you that, in some cases, are targeted to your interests, such as targeted banners, new services and promotions. By accepting the User Agreement you expressly agree to receive this information. We use information in the file we maintain about you, and other information we obtain from your current and past activities on the Site, to resolve disputes, troubleshoot problems and enforce our User Agreement. At times, we may look across multiple users to identify problems or resolve disputes, and in particular on rare occasions we may evaluate your information to look for users using multiple User IDs or aliases.
  4. Our Disclosure of Your Information.
    Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us to legal liability. Further, we can (and you authorize us to) disclose you UserID, name, street address, city, state, zip code, country, phone number, email, and company to Jumungo.com Verified Rights Owner or VeRO Program participants as we in our sole discretion believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, piracy, or other unlawful activity. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information or private communications will remain private. As a general proposition, we do not sell or rent any personally identifiable information about you to any third party. The following describes some of the ways that your personally identifiable information may be disclosed. We do aggregate personally identifiable information and disclose such information in aggregate to advertisers and for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to personally identify you. Certain information, such as your password, credit card number, and bank account number, are not disclosed to marketing advertisers in aggregate at all. Jumungo.com Community. Throughout the Site, you are identified by your User ID. Unless you select a unique User ID, our system automatically sets your User ID as your email address. In this situation, where you are identified on the Site by your User ID, you disclose your email address to other users and third parties. As a result, other users and third parties might send you unsolicited email and be able to personally identify all of your activities on the Site.. Even if your User ID is not your email address, your User ID can be used to identify you and your activities throughout the Site Legal Requests. Jumungo.com cooperates with law enforcement inquires and other third parties to enforce laws, intellectual property and other rights. Therefore, participants in the Jumungo.com Verified Rights Owner (VeRO) program, intellectual property and other rights owners, and local, state, federal and international law enforcement can request and may receive your personally identifiable information.. Suppliers and Other Service Providers. We may use third party Suppliers and Service Providers to facilitate our services. For example, we may outsource the operations of one or more aspects of our site to a Supplier or Service Provider who performs services according to our requirements. In some instances, the Service Provider may collect information directly from you (such as the situation where we ask a Service Provider to conduct a survey for us). In these cases, you will be notified of the involvement of the Supplier or Service Provider, and all information disclosures you make will be strictly optional. In all cases, we restrict how these Suppliers and Other Service Providers may access, use and disclose your information. In general, we do not permit these Suppliers and Other Service Providers to sell your information to third parties. Jumungo.com Subsidiaries and Joint Ventures. We will share much of our data, including personally identifiable information about you, with our subsidiaries and Joint Ventures that are committed to serving your person-to-person trading needs throughout the world. To the extent that these entities are getting access to your information, they will treat it at least as protectively as they treat information they obtain from their other users. We usually require our subsidiaries and joint ventures to follow privacy practices no less protective of all users than our practices described in this document.
  5. Your Use of Other Users' Information.
    In order to facilitate interaction among all Jumungo.com community members, our service allows you to access other users' contact information.  By entering into our User Agreement, you agree that, with respect to other user's personally identifiable information that you obtain through the Site or through an Jumungo.com-related communication or Jumungo.com-facilitated transaction, Jumungo.com hereby grants to you a license to use such information only for: (a) Jumungo.com-related communications that are not unsolicited commercial messages, (b) using co-branded services offered through Jumungo.com (e.g. escrow, insurance, shipping and fraud complaints), and (c) any other purpose that such user expressly opts into after adequate disclosure of the purpose(s). In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personally identifiable information about another user to any third party without our consent and the consent of such other user after adequate disclosure. Note that law enforcement personnel, VeRO program participants, and other rights holders are given different rights with respect to information they access. Jumungo.com and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add a Jumungo.com user-even a user who has purchased an auction item from you-to your mail list (email or physical mail) without their express consent after adequate disclosure.
  6. Control of Your Password.
    Except as specifically permitted by this section, you may not disclose your Jumungo.com password to any third parties nor share it with any third parties. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately change your password. You may, however, disclose your password to certain third parties with whom Jumungo.com has entered into specific contractual and technical arrangements designed to safeguard your password ("Authorized Password Users"), in order to enjoy the benefits of those third parties' services in relation to the Jumungo.com services. your information will be kept on file until the dispute is resolved. However, if you have a free email service account or are otherwise required to provide a credit card for other reasons, you may not request to remove your credit card from file unless you wish to terminate your account or place a different credit card on file. We will retain in our files information you have requested to remove in some circumstances, such as to resolve disputes, troubleshoot problems and enforce our User Agreement. Further, such prior information is never completely removed from our databases due to technical constraints and the fact that we back up our systems. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our databases in response to your requests.
  7. Other Information Collectors.
    Except as otherwise expressly discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, different rules may apply to their use or disclosure of the personal information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy customs and policies. Since Jumungo.com does not control the privacy policies of third parties, you are subject to the privacy customs and policies of that third party. We encourage you to ask questions before you disclose your personal information to others.
  8. Security.
    Jumungo.com uses industry standard efforts to safeguard the confidentiality of your personal identifiable information, such as firewalls and Secure Socket Layers. However, "perfect security" does not exist on the Internet.



User Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH JUMUNGO.COM OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the Jumungo.com User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at Jumungo.com. We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a writing signed by you and Jumungo.com Inc. This agreement was last revised on August 4th, 2004.

  1. Membership Eligibility.
    Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended Jumungo.com members.
  2. Fees and Services.
    We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
  3. Jumungo.com is Only a Venue.
    3.1 Overview. Our site acts as the venue for users to post video conent and other information about their talent. We are not involved in any transactions between users. As a result, we have no control over the quality, safety or legality of the content advertised, the truth or accuracy of the listings,or the ability of the talent to be true to the video content provided.
    3.2 Safe Trading. Because user authentication on the Internet is difficult, Jumungo.com cannot and does not confirm each user's purported identity. We also encourage you to communicate directly with potential trading partners.
    3.3 Release. Because we are not involved in the actual transaction users, you release Jumungo.com (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
    3.4 Information Control. We do not fully control the information provided by other users which is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.  We try to police our content as best as we can to eliminate any material that may cause harm to the community.
  4. Listing
    5.1 Listing Description. Listings may only include videos, text descriptions, graphics and pictures you supply to our site. All listed items must be listed in an appropriate category or the user must attempt to use our categories to list the content properly.
    5.3 Fraud. Without limiting any other remedies, Jumungo.com may suspend or terminate your account if you are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
    5.4 Manipulation. No user may manipulate the content of any video, picture or text posted on this site nor may you interfere with other user's listings.
  5. Your Information.
    "Your Information" is defined as any information you provide to us or other users in the registration, or listing process, in any public message area (including the the feedback area) or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
    6.1 Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Adults Only section and shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) you do not have a right to link to or include.
    6.2 Solely to enable Jumungo.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Jumungo.com will only use Your Information in accordance with our Privacy Policy.
  6. Breach.
    Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you: (a) if you breach this Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
  7. No Warranty.
    WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
  8. Liability Limit.
    IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
  9. Indemnity.
    You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  10. Legal Compliance.
    You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your postings.
  11. No Agency.
    You and Jumungo.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
  12. Notices.
    Except as explicitly stated otherwise, any notices shall be given by postal mail to Jumungo.com, Inc. Attn: Legal Department 52 N.Baums Ctr., Suite 100 Livingston N.J. 07039 (in the case of Jumungo.com) or to the email address you provide to Jumungo.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Jumungo.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
  13. Arbitration.
    Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Essex County New Jersey, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Jumungo.com may seek any interim or preliminary relief from a court of competent jurisdiction in Essex County New Jersey necessary to protect the rights or property of you or Jumungo.com pending the completion of arbitration.
  14. General.
    This Agreement shall be governed in all respects by the laws of the State of New Jersey as such laws are applied to agreements entered into and to be performed entirely within New Jersey between New Jersey residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
  15. Disclosures.
    The services hereunder are offered by Jumungo.com Inc., located at 52 N. Baums Ctr., Suite 100, Livingston, New Jersey. Fees for our advertising services can be obtained by e-mail at:Jumungo@Jumungo.com or by U.S. postal service to Jumungo.com, Inc. 52 N. Baums Ctr., Suite 100, Livingston, New Jersey 07039.


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