| Welcome to Ajaban. Ajaban and its affiliates provide
their services to you subject to the following Terms. If you visit
or shop at Ajaban, you accept these Terms. Please read them carefully.
In addition, when you use any current or future Ajaban service (e.g.,
Mating at Ajaban, e-Cards, Judgment Day Project, Perspective-o-meter,
Angel Deputization Processor) or visit or purchase from any business
affiliated with Ajaban, whether or not included in the Ajaban Web
site, you also will be subject to the guidelines and Terms applicable
to such service or business. Please read these Terms Of Use carefully
before using this site. By using this site, you signify your agreement
with these Terms Of Use. If you do not agree with any of the below
Terms Of Use, do not use this site. Ajaban ("Ajaban") reserves
the right, in its sole discretion, to modify, alter or otherwise update
these Terms Of Use at any time and you agree to be bound by such modifications,
alterations or updates.
PRIVACY
Ajaban is very respectful about the privacy concerns of the visitors
to its sites on the Internet. As a general policy (and because I
haven't figured out how to use cookies yet), no personal information
is automatically collected from visitors to its sites. However,
certain non-personal information of visitors is recorded by the
standard operation of Ajaban's Internet servers. This information
is primarily used to provide an enhanced online experience for the
visitor. Information tracked may include the type of browser being
used by the visitor (e.g., Netscape, Internet Explorer), the type
of operating system (e.g., Macintosh, Windows) in use by the visitor.
By having this information, web pages optimized for a particular
visitor's computer may soon automatically be available to that visitor.
Other uses of this information include internal review of the number
of visitors to the sites but only in an aggregate and non-personally-identifiable
form. E-mail addresses and other personally identifiable data about
visitors to this site are known to Ajaban only when voluntarily
submitted.
Personally identifiable information that may be collected in connection
with visitors voluntarily filling out questionnaires or other forms
or subscribing to the newsletter is retained by Ajaban and not sold
or otherwise transferred outside the company. This information is
used to better understand visitors' use of our sites and to support
transactions made on the sites.
The Ajaban web site will eventually place a "cookie"
in the browser files of an Ajaban user's computer. The cookie itself
will not contain any personally identifying information. Although
the cookie could enable Ajaban to relate a user's use of a Ajaban
site to information that the user has specifically and knowingly
provided, Ajaban will not do so for any kids sites.
Users should be aware that when they voluntarily disclose personal
information (e.g., user name, e-mail address, phone number) on the
bulletin boards or in the chat areas, that information can be collected
and used by others and may result in unsolicited messages from other
people.
To the extent that any of our sites accessible through Ajaban have
additional practices, these practices will be explained at that
site. (e.g., Mating at Ajaban will have a more detailed description
of Mating indemnifications).
A SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
On site branches specifically designed for children, Ajaban makes
a special effort to encourage children to consult with their parents
before furnishing data. However, Ajaban believes that parents should
supervise their children's online activities and consider using
parental control tools available from online services and software
manufacturers that help provide a kid-friendly online environment.
These tools can also prevent children from disclosing online their
name, address, and other personal information without parental permission.
For additional information about parental control tools, please
consult the "Consumer Assistance" page of the Direct Marketing
Association home page (www.the-dma.org).
ELECTRONIC COMMUNICATIONS
When you visit Ajaban or send e-mails to us, you are communicating
with us electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail or by
posting notices on this site. You agree that all agreements, notices,
disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, is the property of Ajaban or its content suppliers
and protected by United States and international copyright laws.
The compilation of all content on this site is the exclusive property
of Ajaban and protected by U.S. and international copyright laws.
All software used on this site is the property of Ajaban or its
software suppliers and protected by United States and international
copyright laws. Material from Ajaban or any web site owned, operated,
licensed or controlled by Ajaban may not be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way. Modification of the materials or use of the materials for any
other purpose is a violation of the copyrights and other proprietary
rights. For purposes of this Terms of Use Agreement, the use of
any such material on any other web site or networked computer environment
is prohibited.
TRADEMARKS
AJABAN, JUJU THE CAGE-BIRD, LIFE'S A CAGE AND THEN YOU FLY, MOVIE
REVIEW GIZMO, LIMITED RESOURCES-UNLIMITED IMAGINATION, MAKING ATLANTIS,
JUDGMENT DAY PROJECT, ECO-TRIAGE, GHOLOMBEZOM, AMAZING GRACE LAND,
AJABANISTAN, VIRTUAL AJABANISTAN, AJABAN L'HELMELLAH AKA AMAZING
GRACE, THE HAIRY MONSTER AND THE MEEK, IRANIAN SELF-EXPRESS, UBIQUITOUS
SEA MONSTER and other marks indicated on our site are trademarks
of Ajaban. THE LITTLE BIRD IN THE CAGE, and other Ajaban graphics,
logos, page headers, button icons, scripts, and service names are
trademarks or trade dress of Ajaban or its subsidiaries. Ajaban's
trademarks and trade dress may not be used in connection with any
product or service that is not Ajaban's, in any manner that is likely
to cause confusion among customers, or in any manner that disparages
or discredits Ajaban. Material that directly challenges, disagrees
with, criticizes or expresses offense at Ajaban ("venting")
is encouraged, provided you make sure to copy us on such venting
and to place a link for people to see the cause of the venting first
hand. For use of our marks in connection with such venting, however,
you will need express written consent from Ajaban. All other trademarks
not owned by Ajaban or its subsidiaries that appear on this site
are the property of their respective owners, who may or may not
be affiliated with, connected to, or sponsored by Ajaban or its
subsidiaries.
PATENTS
One or more United States and international patents may soon apply
to this site, (for things such as (including, without limitation),
Programmable Rose Colored Glasses, the Judgment Day Algorithm,
the Mating Compatability-O-Meter, The Eco-Triage Perspective-o-meter,
Ajaban DeathToll, and so forth). Patents pending.
LICENSE AND SITE ACCESS
Ajaban grants you a limited license to access and make personal
use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent
of Ajaban. This license does not include any resale or commercial
use of this site or its contents; any collection and use of any
product listings, descriptions, or prices; any derivative use of
this site or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of data
mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Ajaban. You may not frame
or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout,
or form) of Ajaban and our affiliates without express written consent.
You may not use any meta tags or any other "hidden text"
utilizing Ajaban's name or trademarks without the express written
consent of Ajaban. Any unauthorized use terminates the permission
or license granted by Ajaban. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the pages of Ajaban
even if the link portrays Ajaban in a false, misleading, derogatory,
or otherwise offensive matter. You may not portray Ajaban's affiliates,
or their products or services in the afore-mentioned false, misleading,
derogatory or otherwise offensive matter as they have a less resilient
view of venting and will likely not be amused. You may not use any
Ajaban logo or other proprietary graphic or trademark as part of
the link without express written permission (which permission may
be easier to obtain than you think. Just ask).
YOUR ACCOUNT
(This will apply once I set it up. But relax, this will be a while.
I'm reading up on Dynamic Web Site design in my off hours so that
you, too, can have your own private Ajaban page and account ("Your
Ajaban Account"). What joy and delight!) If you use this site,
you are responsible for maintaining the confidentiality of Your
Ajaban Account and password and for restricting access to your computer,
and you agree to accept responsibility for all activities that occur
under Your Ajaban Account or password. Ajaban does (will soon) sell
products for children, but it sells them to adults, who can purchase
with a credit card. If you are under 18, you may use Ajaban only
with involvement of a parent or guardian. Ajaban and its affiliates
reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards
and other communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing
of intellectual property rights, or otherwise injurious to third
parties or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters,
mass mailings, or any form of "spam." In the event that
you wish to post communications of an illegal, threatening nature,
please make sure to include your name, home address and telephone
number so that we can alert authorities. You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead
as to the origin of a card or other content. Ajaban reserves the
right (but not the obligation) to remove or edit such content, but
does not regularly review posted content.
You agree to indemnify Ajaban and its officers, directors, employees,
agents, distributors and affiliates from and against any and all
third party claims, demands, liabilities, costs, or expenses, including
reasonable attorney's fees, resulting from your breach of any of
the foregoing agreements, representations, and warranties.
If you do post content or submit material, and unless we indicate
otherwise, you grant Ajaban and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the universe in
any media. You grant Ajaban and its affiliates and sublicensees
the right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own
or otherwise control all of the rights to the content that you post;
that the content is accurate; that use of the content you supply
does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify Ajaban or its affiliates
for all claims resulting from content you supply. Ajaban has the
right but not the obligation to monitor and edit or remove any activity
or content. Ajaban takes no responsibility and assumes no liability
for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
Ajaban and its affiliates respect the intellectual property of others.
If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us immediately to remedy
the situation.
RISK OF LOSS
All items purchased from Ajaban or its affiliates are made pursuant
to a shipment contract. This means that the risk of loss and title
for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Ajaban and its affiliates attempt to be as accurate as possible.
However, Ajaban does not warrant that product descriptions or other
content of this site is accurate, complete, reliable, current, or
error-free. If a product offered by Ajaban itself is not as described,
your sole remedy is to return it in unused condition.
OTHER BUSINESSES, LINKED SITES
Ajaban, whether or not affiliated with sites of individuals, organizations
and other businesses which may be linked to this site ("Linked
Sites"), is not responsible for their content. The Linked Sites
are for your convenience only and you access them at your own risk.
We are not responsible for examining or evaluating, and we do not
warrant the offerings of, any of these Linked Sites or the content
of their Web sites. Ajaban does not assume any responsibility or
liability for the actions, product, and content of all these and
any other third parties. You should carefully review their privacy
statements and other Terms of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The materials in Ajaban's Web Sites are provided on an "as
is" and "as available" basis without warranties of
any kind either express or implied. YOU EXPRESSLY AGREE THAT YOUR
USE OF THIS SITE IS AT YOUR SOLE RISK. To the fullest extent permissible
pursuant to applicable law, Ajaban disclaims all warranties, express
or implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose. Ajaban does
not warrant that the functions contained in the materials will be
uninterrupted or error-free, that defects will be corrected, or
that Ajaban's Web Sites or the server that makes them available
are free of viruses or other harmful components. Ajaban does not
warrant or make any representations regarding the use or the results
of the use of the materials in Ajaban's Web Sites in terms of their
correctness, accuracy, reliability, or otherwise. You (and not Ajaban)
assume the entire cost of all necessary servicing, repair or correction.
You (and not Ajaban) are responsible for your own soul and spiritual,
emotional and economic decisions. Applicable law may not allow the
exclusion of implied warranties, so the above exclusion may not
apply to you. The material that you read in Ajaban's Web Sites is
provided solely for entertainment and promotional purposes. The
information and opinions expressed in Bulletin Boards, Chat Rooms,
or other forums conducted on this site ("Forums") are
not necessarily those of Ajaban or its affiliated or related entities
or content providers and Ajaban makes no representations or warranties
regarding that information or those opinions. Furthermore, neither
Ajaban nor its affiliated or related entities or its content providers
are responsible or liable to any person or entity whatsoever (including,
without limitation, persons who may use or rely on such data/materials
or to whom such data/materials may be furnished) for any loss, damage
(whether actual, consequential, punitive or otherwise), injury,
claim, liability or other cause of any kind or character whatsoever
based upon or resulting from any information or opinions provided
in Ajaban's Web Sites.
APPLICABLE LAW
By visiting Ajaban, you agree that the laws of the state of California,
without regard to principles of conflict of laws, will govern these
Terms of Use and any dispute of any sort that might arise between
you and Ajaban or its affiliates.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in Ajaban web sites are
presented solely for the purpose of entertainment, promotion and
provoking deep and playful thoughts. This site is controlled and
operated by Ajaban from its offices within the State of California,
United States of America. Ajaban makes no representation that materials
in Ajaban's Web Sites are appropriate or available for use in other
locations. Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
DISPUTES
Any dispute relating in any way to your visit to Ajaban or to products
you purchase through Ajaban shall be submitted to confidential arbitration
in Los Angeles, California, except that, to the extent you have
in any manner violated or threatened to violate Ajaban's intellectual
property rights, Ajaban may seek injunctive or other appropriate
relief in any state or federal court in the state of California,
and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The arbitrator's
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 under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and
these Terms of Use at any time. If any of these Terms shall be deemed
invalid, unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the
matters contained herein and shall not be modified except in writing,
signed by Ajaban.
OUR ADDRESS
Ajaban
(I need my own privacy here)
PO Box pending
Los Angeles, CA
http://www.ajaban.com
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