Please carefully read the following Terms of Use before using the http://www.jarmelo.com/ website (the "Site"). By accessing the Jarmelo.com website, you agree to be bound by these Terms of Use.
These Terms of Use may be updated from time to time. If at any time you do not agree to these Terms of Use, please do not use this Site.
You will be able to access our Site without having to register any details with us.
We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.
Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advanced warning of maintenance issues but shall not be obliged to do so.
All content included in the Site, such as text, graphics, logos, button icons, images, audio clips, video, and software, is the property of Jarmelo and protected by international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Jarmelo and protected by international copyright laws. All software used on the Site is the property of Jarmelo or its software suppliers and protected by international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of using the Site as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of the Site is strictly prohibited.
By submitting copy/text for personalization, the customer represents that the use thereof by the factory on the items ordered will not violate any laws, and Jarmelo hereby disclaims any liability for compliance with such laws in the use of the customer’s copy or material.
All trademarks, logos, service marks and trade names are proprietary to Jarmelo, or other respective owners that have granted the Site the right and license to use such intellectual property.
The information, services, products and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Jarmelo AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, Jarmelo and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
When using our Site, you shall not post or send to or from either the Site:
- a) content for which you have not obtained all necessary consents;
- b) content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;
- c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of this Section.
You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.
This Site may contain links to third-party websites other than our own. Jarmelo does not assume any responsibility for those websites and provides those links solely for the convenience of our visitors.
Jarmelo does not control the content of those websites and takes no responsibility for their content, nor should it be implied that Jarmelo endorses or otherwise recommends such websites or the products or services offered.
IN NO EVENT SHALL JARMELO OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF JARMELO HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
We accept no responsibility for user-initiated damage and/or loss of parts incurred during operation or use of product.
Thank you for sharing your images that inspire play! You have given us permission to post on our Countless Ways to Play Gallery your photos, your handle and the caption that you’ve placed on your photo (“User Generated Content”, or “UGC”). By sharing your UGC, you are agreeing to these Terms and Conditions, the Terms of Use for our Site (above) and our Privacy Policy.
You own the content you share.By sharing your UGC with us, you do not grant any ownership rights in the UGC, and you represent and warrant that you own all right, title and interest in the UGC that you share, including all copyright. You also represent and warrant that the sharing and publication of your UGC does not violate the rights of any other person, including intellectual property rights.
You have the right to share your UGC.By sharing your UGC, you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.
You grant us a License to use your UGC.By sharing your UGC, you are granting to Jarmelo, and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up license to use your UGC, including all copyright, in all forms and media. This means that we have the right to copy, display, publish, modify and store your UCG anywhere and through any means, and that our right will not expire. This also means that you will not receive any money as compensation for granting these rights.
How we will use your UGC.We have no obligation to use any of the UGC that you share, and we reserve the right to select in our sole discretion which images will be published. The UGC submitted to us may be used on our website and on our social media pages. We also may publish this information in our catalogs, e-mail marketing, point of sale store materials, and in other promotional and marketing materials.
Waiver.By sharing your UGC, you release Jarmelo, from any and all liability resulting from our use of the UGC.
Non-Confidentiality.By sharing your UGC with us, it will be available to the public. Please use caution when deciding what personal information to disclose. If you wish to remove you UGC from our site, please Contact Us. Even if we remove your UGC, your waiver of rights will continue to apply to all UCG that we have already used.
Copyright Infringement.The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that any content posted is an infringement of your copyright, you may ask us to take down that content by sending us a DMCA Notice. If you believe that a DMCA Notice was been wrongly filed against you, you may send us a Counter-Notice. Notices and Counter-Notices must meet the DMCA requirements and we suggest that you obtain legal advice before sending us a Notice or Counter-Notice. Please note that we will decline to accept UGC from users who we believe to be repeat infringers, and there could be substantial penalties for making false claims. Notices and Counter-Notices can be sent to us by either of the following methods:
Contact Us via contacts@jarmelokids.com.
These Terms, together with the Privacy Policy, other terms or legal notices published by us on the Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Jarmelo retains the right to provide the final interpretation of its terms, which will always be made in accordance with applicable laws and fairness.
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Last modified: Dec 01, 2024