By visiting or using JINLIST.COM or any page of the JINLIST.COM website except this page, you are agreeing to be bound by these terms of use and such agreement constitutes a binding contract between you and the JRE, Inc., (JINLIST) the owner of JINLIST.COM. If you do not wish to be bound by these terms of use, please do not visit or use any page of the JINLIST.COM website.
Furthermore, by using any of the pages of the JINLIST.COM website, you acknowledge that JINLIST is NOT a real estate broker, mortgage broker, or mortgage lender and does NOT aid or assist borrowers in obtaining loans, solicit borrowers or lenders for, negotiate or make loans secured by liens or real property
1. DEFINITIONS
“JINLIST” shall mean JRE, Inc., its employees, officers, directors, and all other persons or entities affiliated with JINLIST responsible for creating, maintaining, and publishing this Site. “Content” shall mean all materials, information and images contained on the Site, including but not limited to, trademarks, copyrightable material, advertisements, data, text, graphics, files, photos, software and video. “Site” shall mean the Internet site located at the URL address https://www.JINLIST.COM. “User” shall mean any person or entity that accesses or uses the Site in any manner.
2. INTRODUCTION
The JINLIST.COM website is owned by the JRE, Inc.(JINLIST) which conducts its business at 425 Northern Boulevard, New York 11021. This Site contains information which has been provided by REALTORS as well as other registered users. These REALTORS have obtained this information either from the owners of the properties displayed on the Site, public records (sometimes obtained through private, third party vendors), and observation. In addition, this Site contains information provided to JINLIST.COM from a variety of sources including other public websites, quasi public websites, private not-for-profit websites and business-for-profit websites. The information and/or content displayed on JINLIST.COM are not guaranteed accurate by JINLIST.
JINLIST offers you access to the JINLIST.COM website in exchange for your agreement to accept and comply with the terms, conditions, and notices stated here and as may be modified by JINLIST from time-to-time. JINLIST and its website, JINLIST.COM, refers to these terms, conditions, and notices, whether modified or unmodified, as the “Agreement” or as the “Terms of Use”. JINLIST reserves the right to modify in its sole discretion this Agreement and/or the JINLIST.COM website without providing notification. You are responsible for regularly reviewing this Agreement. BY VISITING OR USING ANY PART OF THE JINLIST.COM WEBSITE, EXCEPT FOR THE JINLIST.COM HOME PAGE AND THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, AND YOU ARE AGREEING THAT THIS IS A BINDING CONTRACT BETWEEN JINLIST AND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT VISIT OR USE ANY PART OF THE JINLIST.COM WEBSITE.
ADDITIONAL TERMS MAY GOVERN USE OF CERTAIN WEBSITES OR WEB PAGES WITHIN THE JINLIST.COM WEBSITE.
NOTICE FOR ALL FINANCIAL AND MORTGAGE TOOLS. These are calculation tools, not an offer to lend. Interest rates shown are for demonstration purposes only. Actual market interest rates may vary.
OUTLINE OF TERMS OF USE. For your convenience, JINLIST.COM here provides a section-by-section outline of the Terms of Use. To go directly to a specific section contained in these Terms of Use, click on the appropriate link below. Please note that this functionality is provided solely for your convenience and in no way absolves you of your duty to comply with each and every section of these Terms of Use.
3. GENERAL USE AND LIMITATIONS ON GENERAL USE OF THE JINLIST.COM WEBSITE
A. Except where we specify otherwise, JINLIST offers you access to the JINLIST.COM Website solely for your personal and non-commercial uses. You promise that you will not use the JINLIST.COM Website, in whole or in part, for any purpose that is unlawful or prohibited by these Terms of Use or for any purposes other than those that are personal and non-commercial. You agree that you will not, except for your personal use, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the JINLIST.COM website. This means, among other activities, that you agree not to engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information. You agree that you will not use the JINLIST.COM website in any manner which could damage, disable, overburden, or impair the JINLIST.COM website or interfere with any other party’s use and enjoyment of the JINLIST.COM website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the JINLIST.COM website.
B. If and when requested by JINLIST you agree to provide true, accurate, and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of JINLIST, you agree that you will not access or attempt to access password protected, secure or non-public areas of the JINLIST.COM website. Unauthorized individuals attempting to access prohibited areas of the JINLIST.COM website may be subject to prosecution.
C. The origin of any link to the JINLIST.COM website home page must be accompanied by a clear and prominent attribution indicating that the link is connected to the JINLIST.COM website home page. For example, prominently positioning the JINLIST.COM name and mark such that there is clear association between the name and mark and the destination of the link is acceptable. However, you agree that you will not juxtapose the JINLIST.COM name and mark and the link with your name or any other material(s) in a manner which might give rise to any erroneous conclusion that there is any affiliation or association between JINLIST.COM, on the one hand, and you or any other person or entity, on the other hand. You agree that if JINLIST, in its sole and unfettered discretion, requests in writing that you remove any link or links to the JINLIST.COM website, you will promptly do so. You agree that if you create any link to the JINLIST.COM website that you will not employ any technology that results in the placement of content from the JINLIST.COM website in a frame and/or a reduced pop-up window and/or any other display mechanism which changes the JINLIST.COM website from how it would appear if a user typed in the JINLIST.COM URL to a typical browser line.
4. INFORMATION PROVIDED TO YOU THROUGH THE JINLIST.COM WEBSITE FROM JINLIST.
A. The JINLIST.COM website contains information, including, but not limited to JINLIST.COM Content. JINLIST.COM presents and makes available such content and information through the JINLIST.COM website as a public service, for the sole purpose of aiding you, the individual consumer. JINLIST.COM, therefore, cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such information. You are responsible for confirming the sufficiency and reliability of any such information.
B. JINLIST has made no investigation as to the listing information set forth on the JINLIST.COM site. With respect to such information, JINLIST.COM believes that the same is reasonably accurate and truthful, but does not guarantee the accuracy and truthfulness thereof.
C. The JINLIST.COM website you are about to enter also contains links to other websites maintained by other organizations both public and private. JINLIST has not made an independent investigation to ascertain whether or not the information contained in said sites is accurate.
D. JINLIST takes reasonable steps to maintain the accuracy and update the Content on the Site. However, JINLIST does not make any representations or warranties regarding the accuracy of the Content, nor does JINLIST make any commitment to update the Content. JINLIST reserves the right in its sole discretion to add, remove or otherwise modify the Content and the Site at any time without notice.
E. The Content and information provided on the Site is for informational purposes only. The information should not be construed as a recommendation by JINLIST for any course of action regarding financial, legal, or accounting matters. It is not meant as a substitute for professional advice from a qualified legal, accounting or financial professional.
5. INFORMATION PROVIDED TO YOU FROM JINLIST.COM LINKS TO OTHER SITES.
A. For your convenience, the JINLIST.COM website contains content and information from links to affiliate websites (“Affiliate Content”). Such content is not under the control of JINLIST and it is not responsible for such content, including without limitation any link contained in such content, or any changes or updates to such content. JINLIST.COM is providing such content to you only as a convenience and the inclusion of such content does not imply endorsement by JINLIST or JINLIST.COM of such content or the affiliate. You may be subject to additional and/or different terms, conditions, and privacy policies when you use affiliate services, content, software or sites.
B. Neither JINLIST nor JINLIST.COM have any business relationship with any of the firms selling services or products through links to their websites other than the fact that JINLIST may receive a small commission if you purchase such products or services. It is incumbent upon you to investigate fully the products, services, and the companies offering the same as neither this site nor its owners has done so. Such websites may have terms and conditions of use which vary from the terms of use for JINLIST.COM. In the event that the terms of such website are in conflict with these terms then in so far as the relationship between you and JINLIST and JINLIST.COM is concerned the terms of use set forth herein shall prevail.
6. DISCLAIMER.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO JINLIST.COM CONTENT AND AFFILIATE CONTENT, PROVIDED BY JINLIST THROUGH THE JINLIST.COM WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JINLIST AND JINLIST.COM MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. JINLIST AND JINLIST.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JINLIST AND JINLIST.COM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE JINLIST.COM WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
7. TO JINLIST.COM
In order for you to participate in certain services that JINLIST provides through the JINLIST.COM website, JINLIST will require that you provide specific information about yourself (the “JINLIST.COM Solicited Information”). If you choose to participate in such services, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. JINLIST is committed to maintaining the privacy and security of any and all such information that you provide to them through the JINLIST.COM website.
8. SERVICES PROVIDED THROUGH THE JINLIST.COM WEBSITE
Non-Commercial Services
JINLIST.COM provides through the JINLIST.COM website a number of venues in which interactive services (“Interactive Services”), such as online calculators, planning tools, and checklists, are offered to you. Such services are offered by JINLIST.COM for the sole purpose of disseminating information for the public’s benefit. JINLIST.COM cannot guarantee the accuracy, sufficiency, correctness, veracity, completeness, or timeliness of such services. You are responsible for confirming the sufficiency and reliability of any such service.
THE INFORMATION CONTAINED IN AND PROVIDED THROUGH JINLIST.COM INTERACTIVE SERVICES ARE NOT INTENDED NOR IMPLIED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE. JINLIST AND JINLIST.COM MAKE NO EXPRESS OR IMPLIED REPRESENTATION, WARRANTY OR GUARANTEE IN CONNECTION WITH THE INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES, INCLUDING THE APPROPRIATENESS, ACCURACY, CORRECTNESS, VERACITY, VALUE, SUFFICIENCY, TIMELINESS, OR COMPLETENESS OF THE DATA, METHODS AND OTHER INFORMATION CONTAINED IN AND PROVIDED THROUGH SUCH SERVICES. JINLIST AND JINLIST.COM EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH REGARD TO SUCH SERVICES. JINLIST AND JINLIST.COM SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES AND INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY ANY ERROR OR OMISSION, OR ARISING OUT OF, OR IN CONNECTION WITH, THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. IN NO EVENT WILL JINLIST OR JINLIST.COM BE LIABLE TO ANY USER OF SUCH SERVICES OR TO ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY ANY USER OF SUCH SERVICES OR ANY THIRD PARTY IN RELIANCE UPON THE INFORMATION CONTAINED IN OR PROVIDED THROUGH SUCH SERVICES. A USER’S SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SUCH A SERVICE IS TO STOP USING THE SERVICE.
9. FORUMS; RESPONSIBILITY FOR SUBMISSIONS; JINLIST’S RIGHT TO REMOVE SUBMISSIONS
From time to time a discussion forum, bulletin board, blog, chat area, news group, community, or other feature designed so that Users may upload data and images or communicate with others (“Forum”) may be made available to Users on this Site. JINLIST, in its sole discretion, reserves the right to review, control or edit any text, data, images, files, or other materials that may be uploaded, posted or submitted in any forum (“Submissions”) as well as the right to refuse to post any such Submission. JINLIST does not guarantee that it will review every submission, nor does JINLIST and JINLIST.COM guarantee the accuracy, legality or reliability of any submissions, and under no circumstances will JINLIST or JINLIST.COM be responsible or liable for Submissions, and Users are advised to investigate and evaluate Submissions prior to relying on any of them. Users understand that Submissions may be accessible to and viewed by the general public, therefore Users should exercise caution before including any personally identifiable information in a Submission.
USERS REPRESENT AND WARRANT THAT THEY HAVE THE LEGAL RIGHT AND/OR HAVE OBTAINED ALL LICENSES AND PERMISSIONS NECESSARY TO POST THE SUBMISSION, AND THAT THE SUBMISSION WILL NOT VIOLATE ANY LAW OR INFRINGE ON THE RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO COPYRIGHT, TRADEMARK, PATENT, PRIVACY, FAIR HOUSING LAWS, OR PUBLICITY RIGHTS. USERS SHALL NOT POST ANY SUBMISSION THAT IS DEFAMATORY, LIBELOUS, DISCRIMINATORY, SEXUALLY EXPLICIT, OBSCENE, INAPPROPRIATE, INDECENT, OR PROFANE, OR THAT IS DONE WITH THE INTENT TO HARASS, STALK, OR THREATEN OTHERS. USERS SHALL NOT USE SUBMISSIONS OR THE FORUM IN CONNECTION WITH SURVEYS, CONTESTS, PYRAMID SCHEMES, CHAIN LETTERS, JUNK E-MAIL OR SPAMMING. USERS SHALL NOT IMPERSONATE ANY OTHER PERSON WHEN POSTING A SUBMISSION OR CREATE A FALSE IDENTITY TO MISLEAD OTHERS. JINLIST HAS THE RIGHT, AT JINLIST’S SOLE DISCRETION, TO COPY REPRODUCE, DISTRIBUTE, TRANSMIT, AND DISPLAY SUBMISSIONS AT ANY TIME WITHOUT CONSIDERATION, AND JINLIST HAS THE RIGHT TO DELETE ANY SUBMISSION AT ANY TIME WITHOUT NOTICE. USERS AGREE TO INDEMNIFY, DEFEND AND HOLD JINLIST AND JINLIST.COM HARMLESS FROM ANY CLAIMS, ACTIONS, LIABILITIES, LOSS, COSTS, DAMAGES, OR EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES, THAT MAY ARISE DIRECTLY OR INDIRECTLY FROM THE USER’S SUBMISSIONS. SUBMISSIONS MAY NOT CONTAIN ANY ADVERTISEMENTS OR SOLICITATIONS WITHOUT JINLIST’S PRIOR WRITTEN CONSENT.
JINLIST AND JINLIST.COM DISCLAIM RESPONSIBILITY AND LIABILITY FOR THE CONTENT AND OPINIONS EXPRESSED BY USERS AND/OR OTHERS ON THE SITE INCLUDING, BUT NOT LIMITED TO, CONTENT OR OPINIONS REGARDING ANY PRODUCTS OR SERVICE MENTIONED ON THE SITE.
Each Forum may have rules particular to that Forum, and Users agree to abide by those rules when participating in that Forum. JINLIST reserves the right to limit or terminate access to Forums at any time for any reason without notice.
10. THIRD-PARTY SERVICES.
A number of commercial services, such as shopping and contractor services, are offered by third parties through the JINLIST.COM websites. You acknowledge that by permitting such services to be offered through the JINLIST.COM websites, JINLIST.COM is acting as a passive conduit for the transmission to such third parties of any information related to such services that you submit to JINLIST.COM. In order for JINLIST and JINLIST.COM to distribute your information and facilitate contacts between you and such third parties, you hereby grant JINLIST and JINLIST.COM permission to disclose any and all of the information that you provide to JINLIST.COM and/or JINLIST to any such third party that JINLIST and JINLIST.COM, in its sole discretion, deems relevant and appropriate.
Any information that you provide to JINLIST and/or JINLIST.COM must be true, complete, and accurate, must not represent you as someone else or falsely identify you, and must not violate any law, statute, ordinance or regulation. You are solely responsible for such information and for all of the terms and conditions of transactions between you and such third parties, including, without limitation, terms regarding warranties, insurance, fees, taxes, titles and licenses. You must not submit a request for a third party service through the JINLIST.COM websites unless you intend, in good faith, to contract with such third party for the use of such service.
JINLIST and JINLIST.COM are not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party’s background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release JINLIST and JINLIST.COM (and its affiliates, agents and employees) from any and all 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.
11. ADVERTISERS.
Advertisement banners and other forms of advertising, including but not limited to the home services directory, exist on the Site. However, JINLIST and JINLIST.COM are not responsible for the claims or representations made by any advertiser on the Site nor are JINLIST and/or JINLIST.COM responsible for the products and services of advertisers on the Site. Furthermore, mere presence of an advertiser on the Site does not constitute an endorsement, approval, or sponsorship of any advertiser by JINLIST or JINLIST.COM in any respect unless expressly indicated otherwise.
12. MODIFICATION OF AGREEMENT.
JINLIST reserves the right, in its sole discretion, to modify, add or remove portions of these Terms of Use at any time without notice or liability, and such modification shall become effective upon posting on the Site. Your use of the Site following any such modification shall be conclusively deemed to be your acceptance of such modification.
13. SUSPENSION OR TERMINATION OF ACCESS.
JINLIST reserves the right, in its sole discretion, to suspend or terminate a User’s access to the Site for any reason, including but not limited to, a User’s breach of this Agreement. JINLIST may change, suspend or discontinue any aspect of the services provided at the Site at any time without notice or liability, including the availability of any feature, blog, database or content.
14. INDEMNIFICATION.
User agrees to defend, indemnify and hold harmless JINLIST and JINLIST.COM from all actions, liabilities, losses, claims, damages, costs, and expenses including but not limited to reasonable attorney’s fees, resulting from the User’s violation of any term of this Agreement or alleged illegal use of this Site.
15. LANGUAGE TRANSLATION DISCLAIMER.
The official languages for the content of JRE, Inc.’s (JINLIST) website, www.JINLIST.COM, are English and Chinese. A translation service provided by JINLIST is available through links provided that offer immediate translation of some of our webpage content using JINLIST’s services and software. Computerized translations are only an approximation of the website’s original content. The translation should not be considered exact and in some cases may include incorrect or offensive language. JINLIST does not warrant the accuracy, reliability, or timeliness of any information translated by this system and shall not be liable for any losses caused by such reliance on the accuracy, reliability, or timeliness of such information. Any person or entity that relies on information obtained from the system does so at his or her own risk.
16. GENERAL TERMS.
This Agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts sitting in New York, County of Nassau and/or Eastern District of New York in all disputes arising out of or relating to the use of the JINLIST.COM websites. Use of the JINLIST.COM websites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and JINLIST/JINLIST.COM as a result of this Agreement, or the use of the JINLIST.COM website. JINLIST.COM’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of JINLIST.COM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the JINLIST.COM website or information provided to or gathered by JINLIST.COM with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and JINLIST/JINLIST.COM with respect to the JINLIST.COM website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and JINLIST/JINLIST.COM with respect to the JINLIST.COM website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JINLIST AND JINLIST.COM, ITS AFFILIATES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE AT ANY TIME.
IN NO EVENT SHALL JINLIST OR JINLIST.COM AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE JINLIST.COM WEBSITES, WITH THE DELAY OR INABILITY TO USE THE JINLIST.COM WEBSITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE JINLIST.COM WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE JINLIST.COM WEBSITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JINLIST AND/OR JINLIST.COM OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE JINLIST.COM WEBSITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE JINLIST.COM WEBSITES.
You agree to indemnify, defend and hold harmless JINLIST, JINLIST.COM, its directors, officers, employees, partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorney’s reasonable fees) related to your violation of this Agreement.
All materials on the JINLIST.COM websites (as well as the organization and layout of the JINLIST.COM websites) are owned and copyrighted or licensed by JINLIST and/or JINLIST.COM, its affiliates or its suppliers and licensors. (c) 1999, 2000 Copyright JRE, Inc. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the JINLIST.COM websites is permitted without the written permission of JINLIST. Any rights not expressly granted herein are reserved.
17. USER’S CONSENT TO BE LEGALLY BOUND TO AGREEMENT.
IN CONSIDERATION OF BEING ALLOWED TO USE THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH ABOVE. USE OF THE SITE IN ANY MANNER SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR ASSENT TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE STRICTLY PROHIBITED FROM ACCESSING AND/OR USING THIS SITE IN ANY MANNER.
18. Service Code
By entering a valid "Service Code" issued by JinList™, you agree to the terms, benefits and obligations which have been specified and agreed upon in an agreement between you and JinList.com.
19. Your Proprietary Rights in and License to Your User Content
Company does not claim any ownership rights in the User Content that you post, upload, email, transmit, or otherwise
make available (collectively, "Transmit") on, through or in connection with the Company Services, except with respect
to your unsolicited submissions, as described under "Unsolicited Submissions" below; provided, however, that User
Content shall not include any Company Content or content owned by a Company Affiliate. By posting or transmitting
any User Content on, through or in connection with the Company Services, you hereby grant to Company and our Company
Affiliates, licensees, assignees, and authorized users a worldwide, perpetual, irrevocable, non-exclusive, fully-paid
and royalty-free, freely sublicensable, transferable (in whole or in part) right (including any moral rights) and license
to use, modify, excerpt, adapt, publish, translate, create derivative works and compilations based upon, publicly perform,
publicly display, reproduce, sublicense, and distribute such User Content, including your name, voice, likeness and
other personally identifiable information to the extent that such is contained in User Content, anywhere, in any form
and on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited
to, promotional, marketing, trade or any non-commercial or commercial purposes. Additionally, Company is free to use
any ideas, concepts, know-how, or techniques contained within such User Content for any purpose including, but not limited
to, developing, manufacturing, marketing and providing commercial products and services, including Company Services.
Company's use of such User Content shall not require any further notice or attribution to you and such use shall be
without the requirement of any permission from or any payment to you or any other person or entity. You hereby appoint
Company as your agent with full authority to execute any document or take any action Company may consider appropriate
in order to confirm the rights granted by you to Company in this Agreement.
You represent and warrant that: (i) you own the User Content Transmitted by you on, through or in connection with the
Company Services, or otherwise have the right to grant the license set forth in this Section, and (ii) the Transmission
of User Content by you on, through or in connection with the Company Services and Third Party Services does not violate
the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree
to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content
Transmitted by you on or through the Company Services or Third Party Services.
If you delete your User Content from the Company Sites, Company's license to such User Content will end after a reasonable
period of time necessary for the deletion to take full effect. However, the User Content may be retained in the Company's
back-up copies of the Company Sites, which are not publicly available. Furthermore, to the extent that Company made use
of your User Content before you deleted it, Company will retain the right to make such pre-existing uses even after your
User Content is deleted. You acknowledge that (i) deletion of your User Content from the Company Sites will not result in,
and Company assumes no responsibility for, the deletion of such User Content by any third parties who were provided with
or had access to such User Content prior to your deleting it from the Company Sites, and (ii) termination of your account
or your use of the Company Services will not result in the immediate or automatic deletion of your User Content consistent
with this Agreement.
20. Removal of Material that Infringes Copyrights
Company respects the intellectual property of others and requires that our users do the same. Company has a policy that
provides for the termination in appropriate circumstances of subscribers and account holders of Company Services who are
repeat infringers. Company also reserves the right to remove or disable access to any transmission of Content that
infringes the copyright of any person under the laws of the United States upon receipt of a notice that substantially
complies with the requirements of 17 U.S.C. § 512(c)(3) as set forth above.
If you believe material on Company Services infringes your copyright.
If you believe that any material residing on or linked to from Company Services infringes your copyright, you must send
Company's designated Copyright Agent a written notification of claimed infringement that contains substantially all of
the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the
claimed infringing material and information reasonably sufficient to permit us to locate the material on the Company
Services (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us
to contact you, such as an address, telephone number, and an email address; (d) a statement by you that you have a good
faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by
you that the above information in your notification is accurate and a statement by you, made under penalty of perjury,
that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf;
and (f) your physical or electronic signature. Company's Copyright Agent for notification of claimed infringement can
be reached at:
Ms. Winnie Xiang, Copyright Agent
Email: winnie.xiang@jinlist.com
Subject line: DMCA Notice
Address: 3000 Marcus Avenue, Lake Success, NY 11042
Phone: 516 829 5200
If you posted material to Company Service that was removed due to notice by a copyright owner.
If you posted material to Company Services that Company removed due to a notice of claimed infringement from a copyright
owner, Company will take reasonable steps promptly to notify you that the material has been removed or disabled. This
notice may be by means of a general notice on the Company Sites or by written or electronic communication to such address(es)
you have provided to Company, if any. You may provide counter-notification in response to such notice in a written
communication that includes substantially all of the following: (i) identification of the material that has been
removed or to which access has been disabled and the location at which the material appeared before it was removed or
access to it was disabled; (ii) a statement by you, under penalty of perjury, that you have a good faith belief that
the material was removed or disabled as a result of mistake or misidentification of the material to be removed or
disabled; (iii) your name, address, telephone number, and a statement that you consent to the jurisdiction of the
Federal District Court for the judicial district in which your address is located, or if your address is outside of the
United States, for any judicial district in which Company may be found, and that you will accept service of process
from the person who provided notification requesting the removal or disabling of access to the material or such person's
agent; and (iv) your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification
of claimed infringement or any counter-notification may be liable for damages.
Your Exposure to Others' User Content
You understand that Company does not control the User Content posted by users via the Company Services and, as such,
you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. Company assumes
no responsibility or liability for this type of Content. If you become aware of any misuse of the Company Services,
including in violation of any "Restrictions on Use of Company Services," please report it immediately to Company.
Company assumes no responsibility for monitoring the Company Services for inappropriate User Content or user conduct.
If at any time, Company chooses in its sole discretion to monitor the Company Services, Company nonetheless assumes
no responsibility for Content other than Company Content, no obligation to modify or remove any inappropriate Content,
and no responsibility for the conduct of any user.
Third Party Links and Services
The Company Services may provide, or third parties may provide, links to other websites, applications, resources or
other services created by third parties ("Third Party Services"). When you engage with a provider of a Third Party Service,
you are interacting with the third party, not with Company. If you choose to use a Third Party Service and share
information with it, the provider of the Third Party Service may use and share your data in accordance with its privacy
policy and your privacy settings on such Third Party Service. Company encourages you not to provide any personally
identifiable information to or through any Third Party Service unless you know and are comfortable with the party with
whom you are interacting.
Revision Date: 1/14/2011