Terms of Use:
Welcome to Ajabanzaban.com,
an affiliate of
Ajaban.com. Ajaban.com and its affiliates
(Including, but not limited to, Ajabanzaban.com and Ajabanstore.com)
(hereinafter
collectively
referred to as “Ajaban”) provide their services
to you subject to the following Terms. If you visit or shop
at
any Ajaban websites
you accept these Terms. Please read them
carefully. In addition, when you use any current or future
Ajaban
service or visit
or purchase from any business affiliated
with Ajaban, whether or not included in the Ajaban Web sites,
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
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
Please review
our Privacy Notice, which also governs your visit to the Ajaban websites, to
understand our
practices.
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, AJABANZABAN,
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
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 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 provide Ajaban with the
written information specified
below via email to quest@ajaban.com.
Please note that this procedure
is exclusively for notifying
Ajaban and its affiliates that
your copyrighted material
has been infringed.
- An electronic
or physical signature
of the person authorized to act on behalf of the owner of the
copyright interest;
- A description
of the copyrighted work that
you claim has been
infringed upon;
- A
description of where the material
that you claim is infringing
is located
on the site;
- Your address, telephone number, and e-mail address;
- 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;
- A
statement by you, made under
penalty of perjury, that the
above information in your notice is accurate and that you are
the copyright owner or authorized
to act on the copyright owner's behalf.
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.
PRICING
Except
where noted otherwise,
the List Price displayed
for products
on our website represents the full retail price listed on the
product itself, suggested by the
manufacturer or supplier, or estimated in accordance with standard
industry practice. The List Price is a comparative price estimate
and may or may not represent the
prevailing price in every area on any particular day. For certain
items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested
retail price for each of the items included in the set. Where
an item is offered for sale by one of our merchants, the List
Price may be provided by the merchant.
With
respect to items sold
by Ajaban, we cannot confirm
the price of an item until
you order; however, we
do NOT charge your credit
card until after your
order has entered the shipping process. (This, we are proud to
say, is almost immediate). Despite our best efforts, a small
number of the items in our catalog
may be mispriced. If we discover a mispricing, we will do one
of the following:
- If an
item's correct price is lower
than our stated
price, we will charge the
lower amount and ship
you the item.
- If an item's
correct price
is higher
than our stated
price, we
will,
at our discretion,
either contact
you for instructions
before shipping or cancel your
order and notify you of such
cancellation.
OTHER
BUSINESSES, LINKED SITES
Parties
other than Ajaban and its subsidiaries may
some day
operate stores, provide services, or sell
product lines on this
site. In addition, we provide links to
the sites of affiliated companies and certain other businesses.
We are not responsible for examining or evaluating, and we do
not warrant the offerings of, any of these
businesses or individuals 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 conditions of use.
DISCLAIMER OF WARRANTIES
AND LIMITATION
OF LIABILITY
The Ajaban sites are provided
by Ajaban on an "as is" and "as available" basis. AJABAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. 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, products
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
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, including payment of sales taxes 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.com
PO Box 4
Pasadena,
CA 91101-0004
http://www.ajaban.com/
http://www.ajabanzaban.com/
