Terms of service: an agreement between you and James Gang Company to enter and use this website and services
Welcome to the James Gang Company website and services.
We hope you enjoy your use of our facilities. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1 James Gang Company Services:
- Buy products that are listed for sale
- Registering to subscribe to special offers and use of galleries.
2 Using our James Gang Company Services and Website:
2.1 ELIGIBILITY CHILDREN UNDER 18.
James Gang Company will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
Children under the age of 13 may view the Website but MAY NOT ORDER PRODUCTS OR SERVICES.
2.2 Definitions and Interpretation
- Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
- A person means any form of legal entity as well as any quasi-legal entity.
- A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
3 User's Obligations
3.1 Restrictions on Users
Users shall not and has no right to either:
- reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
- use either the Website to supply any service to any person; or
- modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
- infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
- is libellous, defamatory or slanderous,
- condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
- contains explicit sexual content,
- does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
- is designed to or does harass, threaten, defame or abuse others,
- exploits images or the likeness of minors,
- encourages the use of drugs or the under-age use of alcohol or cigarettes, or
- is generally offensive or in bad taste;
- use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
- use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWAREÂ® Platform,
- take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
- use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
- collect electronic mail addresses or other information from our Website,
- impersonate another person or entity,
- engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
- frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.
4. James Gang Company Obligations
5. Intellectual Property Rights
5.1 Reservation of title
5.2 Prohibition on infringement
User acknowledges and agrees that James Gang Company does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to James Gang Company an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify James Gang Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. James Gang Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. Exclusion and Limitation of Liability
7.1 Subject to law
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
7.2 Exclusion of liability
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
- any third party;
- actions of user that were not expressly authorised by James Gang Company;
- accident, misuse or abuse by anyone other than James Gang Company;
- alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than James Gang Company;
- products (including any hardware or software) or services not licensed or supplied by James Gang Company;
- power surge or failure,
- events of force majeure or events outside James Gang Companys actual control; or
- any other condition not arising under normal operating conditions;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that James Gang Company has been advised of the possibility of any particular loss or damage.
James Gang Company may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that James Gang Company is not responsible for the operation of or content located on any such website, and James Gang Company cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against James Gang Company for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
9 Governing Law and Jurisdiction
(b) Each party irrevocably submits to the exclusive jurisdiction of the courts of California, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.