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Last updated: 10-20-2009
Terms of Service
Welcome to Juuger
Juuger gives You the opportunity to Connect With People Around You, Listen To and Make Playlists with All Your Favorite Music and Videos and to Share these With all Your Friends in Your Community Profile.
Juuger gives You the opportunity to Promote Yourself as an Artist on a Local or International Level. If You are a musician or band You can upload Your music to Promote and Sell it to people all over the world.
If You run a Label, Casting or Model Agency, You can Promote All Your Artists.
Juuger gives Casting Directors, Labels and other Agents the opportunity to Find and Contact Talents for Free.
Juuger.com is owned by Infomania Limited (the Company). The Company is situated in Tønsberg the oldest city in Norway.
1. Your Acceptance
By visiting or using the Juuger Website (including All Content and functionality available on this Website) You signify Your agreement to these Terms and conditions (Terms of Service) and the Privacy Policy. If You do not agree to these Terms, please do not use the Juuger Website or any Juuger Service.
The Company reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service, the Privacy Policy and any agreement related to Your Content at any time without further notice. It is Your responsibility to regularly check the Juuger Website to determine if there have been changes to any of these Terms. If You do not agree to the updated Terms, please delete all of Your Content (including any Community and Talent Profile) and do not use the Juuger Website or any Juuger Service.
2. Ability to Accept Terms of Service
You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by comply with these Terms of Service. In any case, You affirm that You are over the age of 13 as the Juuger Website is not intended for children under 13. If You are under 13 years of age, then please do not use the Juuger Website.
3. Juuger Accounts
In consideration of Your use of the Juuger Website, You agree to provide accurate, current and complete information about You (and Your Artists if label, casting agency, model agency and so on) as may be prompted by any registration forms on the Juuger Website ("Registration Data"); maintain the security of Your password and identification; maintain and promptly update the Registration Data, and any other information You provide to the Juuger Website, to keep it accurate, current and complete; and be fully responsible for all use of Your Account and for any actions that take place using Your Account.
You also agree to not set up any Juuger Community or Talent Profile on behalf of another individual, band or entity unless You are authorized to do so or impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your age or Your affiliation with any person or entity. This includes fan Pages, as well as Juuger Pages to support or criticize another individual or entity.
4. Limited User License
Provided that You are eligible for use of the Juuger Website and that You accept this Terms of Service, Juuger hereby grants You a limited license to access and use the Website and all the Site Content, to buy (download) music and videos, make playlists in Your community Profile with any song or video available on the Website solely for sharing through the Juuger Service with other users and visitors for non-commercial use and to create personal Artists Profiles. You may not set up any Juuger Artist or Community Profile on behalf of another individual, band or entity unless You are authorized to do so.
Except for Your own Content, You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Service and does not permit use of any robots, data mining, scraping or similar data gathering or extraction methods.
Any use of the Website in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Website, or use of the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
5. It is not allowed to use the Juuger Website to:
- harvest or collect e-mail addresses or other contact information of other users from the Juuger Website by electronic or other means for the purposes of sending unsolicited e-mails or other unsolicited communications
- use automated scripts to collect information from or otherwise interact with the Juuger Website
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- upload, post, transmit, share, store or otherwise make publicly available on the Website any private information of any third party, including, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- intimidate or harass another
- upload, post, transmit, share, store or otherwise make available Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law
- use or attempt to use another users account, Juuger Service or system without authorization from the Company, or create a false identity on the Juuger Service or the Website
- upload, post, transmit, share, store or otherwise make available Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type
All Content on the Juuger Website and available through the Website, including text, information, designs, graphics, pictures, video, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the property of the Company, its users or its licensors with all rights reserved. The Content on the Juuger Website may not be copied, modified, distributed, framed, reproduced, republished, downloaded (except from the On-Demand Service), scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Companys prior written permission, except that the foregoing does not apply to Your own User Content that You legally post on the Website.
The Content on the Juuger Website is provided to You AS IS and the Company is not responsible for the quality or accuracy of any file, video, music, profile, text, information (read All Content).
7. Your Content
You represent, warrant and agree that no materials of any kind submitted through Your account/s or otherwise posted, transmitted, or shared by You on or through the Juuger Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
It is not allowed to upload, post, transmit, share, store or otherwise make available any Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
You are solely responsible for the photos, Profiles (including Your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other Content that You upload, publish or display (hereinafter, "post") on or through the Juuger Website, or transmit to or share with other users (collectively the "Your Content"). You may not post, transmit, or share Content on the Juuger Website that You did not create or that You do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Website and may delete or remove (without notice) any Website Content and Your Content in its sole discretion, for any reason or no reason, including Content that in the sole judgment of the Company violates this Agreement or any other agreement associated with the Juuger Service, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at Your sole cost and expense for creating backup copies and replacing any Content You post or store on the Website or provide to the Company.
When You post Your Content to the Juuger Website, You authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of Your Content on the Site. By posting Your Content to any part of the Website, You automatically grant, and You represent and warrant that You have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You may remove Your Content from the Website at any time. If You choose to remove Your Content, the license granted above will automatically expire, however You acknowledge that the Company may retain archived copies of Your Content. The Company does not assert any ownership over Your Content; rather, as between us and You, subject to the rights granted to us in these Terms, You retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content.
8. Share
The Juuger Service gives users and visitors the opportunity to share with others or post to their e-mail (links) or own member profile, music, videos, profiles, articles or Content from, and/or links to, Third Party Websites through the Juuger Service. You acknowledge and agree that Your use of the Juuger Services and all links, Your Content or Content shared through the Juuger Service is subject to, and will fully comply with the rules set forth in this Terms of Service.
9. Copyright
The Company respect the intellectual property rights of others and we prohibit users from posting, uploading or otherwise transmitting on the Juuger Website any material that violate another partys intellectual property rights.
When we receive proper Notification of Alleged Copyright Infringement we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeate infringers. If You believe that any material on the Website infringes upon any copyright which You own or control, You may send a written detailed notification (red flag-message or an e-mail) of such infringement to our administration.
The Company has adopted a policy of terminating, in appropriate circumstances and at the Companys sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Third Party Websites
The Juuger Website contains links to other Websites (Third Party Websites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other Content or items belonging to or originating from Third Party Websites. Third Party Websites or any Content at such Websites are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Juuger Website or any Third Party Software, Applications or Content posted on, available through or installed from the Website, including the Content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Software, Applications or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Website or any Third Party Software, Applications or Content does not imply approval or endorsement thereof by us. If You decide to leave the Juuger Website and access the Third Party Websites or to use or install any Third Party Software, Applications or Content, You do so at Your own risk and You should be aware that our Terms and policies no longer govern. You should review the applicable Terms and policies, including privacy and data gathering practices, of any Website to which You navigate from the Juuger Website or relating to any applications You use or install from the site.
11. User Disputes
You are solely responsible for Your interactions with other Juuger users. We reserve the right, but have no obligation, to monitor disputes between You and other users.
12. On-Demand and other Juuger Services
Money You upload will not be refunded. Uploaded money will be available to buy Talent Profiles, Music, Videos and other Services that are available through the Juuger Website only. The Company is not responsible for any loss as a result of error in the system or in the files downloaded (included quality) that causes the loss of any part of the amount uploaded.
13. Assignments Offered
Juuger is not responsible for any assignment offered, agreement done or lack of payment of any assignment offered through the Juuger Service.
It is up to You as a user to consider the seriousness of any offer. If You are unsure about the seriousness of any assignment offered, Please Do Not Accept. We Strongly Recommend You To Always Search For Advices When You Are Offered Assignments.
14. Disclaimers
The Company does not pre-screen or approve Juuger Profiles, and cannot guarantee that a Juuger Profile was actually created and is being operated by the individual or entity that is the subject of a Juuger Profile. Nor is Juuger responsible for the Content of any Juuger Profile, or any transactions entered into or other actions taken on or in connection with any Juuger Page, including how the owner of the Juuger Profile collects, handles, uses and/or shares any personal information it may collect from users (please review the Privacy Policy if You have any questions or concerns regarding the use or sharing of Your personal information). You should be careful before providing any personal information to or entering into any transaction in connection with a Juuger Page.
The Company is not responsible or liable in any manner for any Content or Third Party Software, Applications or Content posted on the Juuger Website or in connection with the Juuger Service, whether posted or caused by users of the Juuger Website, by Juuger, by third parties or by any of the equipment or programming associated with or utilized in the Juuger Website or the Juuger Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Juuger Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable Content You may encounter on the Juuger Website or in connection with any Content or Third Party Software, Applications or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Juuger Website or Juuger Service.
The Juuger Website and the Juuger Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or Juuger Service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to Users or to any other persons computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Juuger Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any Content or personal injury or death, resulting from anyones use of the Website or the Juuger Service, any Content or Third Party Software, Applications or Content posted on or through the Website or the Juuger Service or transmitted to Users, or any interactions between users of the Website, whether online or offline.
The Website, The Juuger Service, any applications and the Site Content are provided "as is" and the Company disclaims any and all representations and warranties, whether express or implied, including implied warranties of title, merchantability, fitness for a particular purpose or non-infringement. The Company cannot guarantee and does not promise any specific result from use of the Website and/or the Juuger Service and/or any applications. The Company does not represent or warrant that software, Content or materials on the Website, the Juuger Service or any application are accurate, complete, reliable, current or error free or that the Website or Juuger Service its servers, or any platform applications are free of viruses or other harmful component. Therefore, You should exercise caution in the use and downloading of any such software, Content or materials and use industry recognized software to detect and disinfect viruses. Without limiting the foregoing, You understand and agree that You download, buy (on-demand) or otherwise obtain Content, material, data or software (including any mobile client) from or through the Juuger Service and any applications at Your own discretion and risk and that You will be solely responsible for Your use thereof and any damages to Your mobile device or computer system, loss of data, money or other harm of any kind that may result.
The Company reserves the right to change any and all Content, software and other items used or contained in the Juuger Website and any Juuger Services and Applications offered through the Juuger Website at any time without notice. Reference to any products, Juuger Services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
15. Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE JUUGER WEBSITE OR THE JUUGER SERVICE, ANY APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANYS 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 (MEMBER FEES AND UPLOADED MONEY), IF ANY, BY YOU TO COMPANY FOR THE JUUGER SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANYS LIABILITY TO YOU EXCEED $200. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE JUUGER SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
16. Termination of Profiles and Content
The Company may terminate Your membership, delete any of Your Profile/s and any Content or information that You have posted on the Juuger Website and/or prohibit You from using or accessing the Juuger Service or the Website (or any portion, aspect or feature of the Juuger Service or the Website or any application) for any reason, or no reason, at any time in its sole discretion, with or without notice.
17. Arbitration
You and the Company agree that, except as may otherwise be provided in regard to specific Juuger Services on the Website in any specific terms applicable to those Juuger Services, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these Terms of Service, the Website and/or the Juuger Service (Including your visit to or use of the Website and/or the Juuger Service) shall be final binding arbitration, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other partys patent, copyright, trademark or trade secret rights, or You have otherwise violated any of the user conduct rules set forth above then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions You enter into with a third party through the Juuger Website may be arbitrated.
Arbitration under this Agreement shall be conducted by the Norwegian courts. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such Rules and shall be subject to the limitations provided for in the Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE JUUGER SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by You related in any way to the Juuger Website and/or the Juuger Service (including Your visit to or use of the Juuger Website and/or the Juuger Service) be instituted more than one (1) year after the cause of action arose.
18. Indemnity
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys fees, arising out of or in connection with any Content, any Third Party Software, Applications or Content You post or share on or through the Juuger Website, Your use of the Juuger Service or the Juuger Website, Your conduct in connection with the Juuger Service or the Juuger Website or with other users of the Juuger Service or the Juuger Website, or any violation of this Agreement or of any law or the rights of any third party.
19. Governing Law and Jurisdiction
By visiting or using the Website and/or the Juuger Service, You agree that the laws of Norway, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between You and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), You agree not to commence or prosecute any action in connection therewith other than in Norway, and You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Norway.
20. Definitions and Constructions
Unless otherwise specified, the Terms "includes", "including", "e.g.,", "for example", and other similar Terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
21. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Juuger Website or the Juuger Service ("Submissions"), provided by You to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to You.
22. Trademarks
JUUGER, JUUGER RADIO, JUUGER VIDEO and other Company graphics, logos, designs, page headers, button icons, scripts and Juuger Service names are registered trademarks, trademarks or trade dress of the Company in Norway and/or other countries. Companys trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or Juuger Service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
23. Other
These Terms of Service constitute the entire agreement between You and the Company regarding the use of the Juuger Website and/or the Juuger Service, superseding any prior agreements between You and the Company relating to Your use of the Juuger Website or the Juuger Service. The failure of Company to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.
24. Additional Terms
In addition to these Terms of Service, Juuger Pages can be subject to and governed by certain additional Terms applicable to Juuger Pages. The Additional Terms applicable to Juuger Pages control in the event of any conflict between them and the Terms of Service.
Great, You made it to the end ;) If you choose to accept this Terms of Service welcome to the Juuger Website! Hope you will enjoy all the Juuger Services.
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