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Terms and Conditions of Use for

(Last Updated: January 19, 2017)


These terms and conditions of use ("Site Terms") apply exclusively to your access to and use of the JambuKD website, (the "Website"). The Site Terms do not alter in any way the terms or conditions of any other agreement you may have with JambuKD, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Website on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and JambuKD for violations of these Site Terms.

JambuKD reserves the right to change or modify the Site Terms and/or any policy or guideline of the Website at any time in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Website, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies on the Website to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended terms, you must stop using the Website.

If you have any questions about the use of the Website, please send them to [email protected] or call customer service at 212-246-1900.

1. Acceptance of terms and conditions of use and amendments

Each time you use or cause access to this Website, you agree to be bound by the Site Terms, as amended from time to time with or without notice to you. In addition, if you are using a particular service on this Website or accessed via this Website, you will be subject to any rules or guidelines applicable to those services, and they will be incorporated by reference within these Site Terms. Please read the Website's Privacy Policy, which is incorporated within these Site Terms by reference.

2. The Website’s service

This Website and the services provided to you on and via this Website are provided on an "as is" basis. You agree that JambuKD reserves the right to modify or discontinue provision of this Website and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you.JambuKD, its affiliates and subsidiaries, will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

3. Privacy Policy

Registration data and other personally identifiable information that the Website may collect is subject to the terms of the Website's Privacy Policy.

4. Your conduct

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that this Website may expose you to content that may be objectionable or offensive. JambuKD, its affiliates and subsidiaries, will not be responsible to you in any way for content displayed on this Website, nor for any error or omission. By using this Website or any service provided, you explicitly agree that:

(a)   you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Website or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b)  you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(c)   you will not collect or harvest any information about other users;

(d)  you will not provide, and you will not use this Website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Website to promote or operate any service or content without JambuKD's prior written consent; and

(e)    you will not provide any content that may give rise to JambuKD, its affiliates or subsidiaries, being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.


Any or all material and information provided by you to the Website may be included in a database owned by Vida, its parent, subsidiaries, and/or affiliates in which Vida has rights and interest, including but not limited to the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Website to the fullest extent permitted by law consistent with the terms of our Privacy Policy. The Website may allow users to post user-generated content. By posting messages or content, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Website, you grant to Vida a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or materials contained in such Communications, in all media now known or hereafter developed and warrant that such information is not owned by a third party and that you have all rights necessary to grant such license to Vida. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Vida of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Vida for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Vida is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever. You represent and warrant that any information you submit through this Website is truthful and accurate. You acknowledge that transmissions to and from this Website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Vida or the Website, no confidential, fiduciary, contractually implied, or other relationship is created between you and Vida, its parent, affiliates, subsidiaries, or agents other than pursuant to these Terms of Use. Vida shall not be responsible for the payment of any monies to any party in connection with its use of Communications submitted by you.


You agree that Vida has the right, but is not obligated, to monitor all material on the Website at any time for any reason in its sole discretion to determine compliance with these Terms of Use and any other operating rules that Vida may establish from time to time. Notwithstanding the foregoing, Vida does not and cannot review all user-generated content posted to the Website by users, and is not responsible for any such user-generated content. By using the Website, you agree not to post or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil law or in equity. In addition to any remedies that we may have a law or in equity, Vida reserves the right at all times to edit, disclose, refuse to post, request removal of, remove, or take any action we reasonably deem necessary to cure or prevent such violation or as may be necessary to comply with any law, regulation or government or agency request or if, in Vida’s sole discretion, such materials are objectionable or in violation of these Terms of Use.

7. Indemnification

You agree to indemnify and hold harmless JambuKD and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this Website or service, your provision of content, your violation of these Site Terms, your violation of the Website's Privacy Policy, or any other violation by you of the rights of another person or party.

8. Disclaimer of warranties

You understand and agree that your use of this Website and of any services or content provided (the "services") is at your own risk. Services and content are provided to you "as is", and JambuKD expressly disclaims all warranties of any kind, either implied or express, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

JambuKD makes no warranty, either implied or express, that any part of the service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that neither JambuKD nor any participant in the service provides professional advice of any kind and that any advice or any other information obtained via this Website may be used solely at your own risk, and that JambuKD, its affiliates and subsidiaries, will not be held liable in any way.

Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.

9. Limitation of liability

You expressly understand and agree that the Website editor will not be liable for any direct, indirect, special, incidental, consequential or exemplary damages; this includes, but is not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if JambuKD has been advised of the possibility of such damages), resulting from (i) the use of services or the inability to use services, (ii) the cost of obtaining substitute goods and/or services resulting from any transaction entered into on through services, (iii) unauthorized access to or alteration of your data transmissions, (iv) statements by any third party or conduct of any third party using services, or (v) any other matter relating to services.

In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.

10. Reservation of rights

JambuKD reserves all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the Website may have with respect to this Website, its content, and goods and services that may be provided. The use of JambuKD's rights and property requires the JambuKD's prior written consent. By making services available to you, JambuKD is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Website or provided services without prior written consent.

11. Notification of copyright infringement

If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, the Website's copyright agent may be contacted via: [email protected]

12. Applicable law

You agree that these terms of use and any dispute arising out of your use of this Website or products or services provided will be governed by and construed in accordance with local laws applicable at JambuKD's domicile, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By registering for a user account on this Website, or by using this Website and the services it provides, you accept that jurisdiction is granted to the courts having jurisdiction over JambuKD's domicile, and that any disputes will be heard by the said courts.

13. Miscellaneous information

In the event that any provision of these Site Terms of use is deemed to conflict with legislation by a court with jurisdiction over the parties, said provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Site Terms of use will remain valid and applicable. The failure of either party to assert any right under these Site Terms will not be considered to be a waiver of that party's right, and the said right will remain in full force and effect. You agree that any claim or cause in respect of this Website or its services must be filed within one (1) year after such claim or cause arose, or the said claim or cause will be forever barred, without regard to any contrary legislation. JambuKD may freely assign the Website's rights and obligations under these Site Terms, in which event, JambuKD will be relieved of any further obligation.


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