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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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.
- Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our service and your postings.
- 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.
- 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.
- 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.
- 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.
- 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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