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Ninja Jump 3D Images Terms of Use

Thank you for your interest in using Ninja Jump 3D Images on your website! By using the Ninja Jump 3D Images (the "Service"), you ("You") accept and agree to be bound by the following terms and conditions (the "Terms of Use"). 1. Service. 1.1 Description of Service. The code to show 3D image consists of Javascript, HTML code, and a Flash file that allows You to display 3D images on your website, subject to the limitations and conditions described below. Subject to the limitations and conditions described below, You may use 3D images to display Ninja Jump products on your website in conjunction with other information You provide to end users. In order to obtain 3D images, Your website must be approved. After submitting your request, including the URL of your wesbite, and agreeing to the Terms of Use, we will review your request, and, in case we approve your request, You will receive an email with instructions on how to obtain the code for 3D images to use on your website. 1.2 Photographic Imagery. The 3D images accessible to you through the Service contain computer generated or photographic imagery. Your use of 3D images is limited to displaying it to end users within the Service itself, and in the same manner, form, format, and appearance as it is provided by the Service. You may not, nor may you allow others to, copy, distribute, display, alter, or otherwise use, these 3D images except as it is provided to you through the Service. Ninja Jump, Inc. reserves the sole right and discretion to determine whether your display of these images through the Service is in conformance with this Section, and also reserves the right to terminate or suspend your access to 3D images at any time for any reason, without notice. 1.3 Modifications. Ninja Jump, Inc. reserves the right to release subsequent versions of 3D images and to require You to obtain and use the most recent version. Ninja Jump, Inc. may modify the Terms of Use at any time with or without notice, and You can review the most current version of the Terms of Use online at any time at http://www.ninjajump.com/3dsignup.php. If a modification is unacceptable to You, You may cancel the Service by removing the Javascript and HTML code from Your Site. If You continue to use the Service on any Site, You will be deemed to have accepted the modifications. 1.4 Appropriate Conduct and Prohibited Uses. You agree that You are responsible for your own conduct and content while using the Service and for any consequences thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. International users agree not to use 3D images of any products that are not available for sale in their region/country due to license agreements between Ninja Jump, Inc. and its licensors, as well as Your local laws and regulations. 1.5 Advertising. The Service does not include any advertising on 3D images. 2. Proprietary Rights. 2.1 Ninja Jump, Inc. Rights. For purposes of the Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and Ninja Jump, Inc., You acknowledge that Ninja Jump, Inc. owns all right, title and interest, including without limitation all Intellectual Property Rights, in and to the Service and that You shall not acquire any right, title, or interest in or to the Service, except as expressly set forth in the Terms of Use. 2.2 Brand Feature License. For purposes of the Terms of Use, "Brand Features" shall be defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as secured by such party from time to time. Ninja Jump, Inc. hereby grants to You a nontransferable, nonsublicenseable, nonexclusive license during the Term to display Ninja Jump, Inc.'s Brand Features for the purpose of promoting or advertising that You use the Service in accordance with this Section 2.2 and for the purpose of fulfilling Your obligations under Section 2.3 below. You hereby grant to Ninja Jump, Inc. a nontransferable, nonexclusive license during the Term to use Your Brand Features to advertise that You are using the Service. In using Ninja Jump, Inc. Brand Features, you may not: * display a Ninja Jump, Inc. Brand Feature in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Ninja Jump, Inc., other than your involvement in the Service, or that can be reasonably interpreted to suggest editorial content has been authored by, or represents the views or opinions of Ninja Jump, Inc. or Ninja Jump, Inc. personnel; * use Ninja Jump, Inc. Brand Features to disparage Ninja Jump, Inc., its products or services; * display a Ninja Jump, Inc. Brand Feature in a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene or otherwise objectionable to Ninja Jump, Inc.; * display a Ninja Jump, Inc. Brand Feature on a site that violates any law or regulation; or * remove, distort or alter any element of a Ninja Jump, Inc. Brand Feature (this includes squeezing, stretching, inverting, discoloring, altering the source code etc.). You understand and agree that Ninja Jump, Inc. has the sole discretion to determine whether your use of Ninja Jump, Inc. brand features is in accordance with the above restrictions. Except as set forth in this Section 2.2, nothing in the Terms of Use shall grant or shall be deemed to grant to one party any right, title or interest in or to the other party's Brand Features. All use by You of Ninja Jump, Inc.'s Brand Features (including any goodwill associated therewith) shall inure to the benefit of Ninja Jump, Inc.. At no time during or after the Term shall You challenge or assist others to challenge the Brand Features of Ninja Jump, Inc. (except to the extent such restriction is prohibited by law) or the registration thereof by Ninja Jump, Inc. 2.3 Attribution. The 3D images provided to You through the Service may contain the trade names, trademarks, service marks, logos, and other distinctive brand features of Ninja Jump, Inc. and its partners and licensors. You may not delete or in any manner alter these 3D images to change copyright notes, trade names, trademarks, service marks, logos, and other distinctive brand features. 2.4 Digital Millennium Copyright Act. It is Ninja Jump, Inc.'s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. For directions and more information, please contact Ninja Jump, Inc. at 1-800-888-8148 3. INDEMNITY You agree to hold harmless and indemnify Ninja Jump, Inc., and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of these Terms of Use or any other actions connected with use of Ninja Jump, Inc. services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Ninja Jump, Inc. will provide You with written notice of such claim, suit or action. 4. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NINJA JUMP, INC. EXPRESSLY DISCLAIMS 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. b. NINJA JUMP, INC. MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE 3D IMAGES WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NINJA JUMP, INC. OR THROUGH OR FROM NINJA JUMP, INC. SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE. 5. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT NINJA JUMP, INC. SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NINJA JUMP, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 6. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 4 AND 5 MAY NOT APPLY TO YOU. 7. Term and Termination. 7.1 Term. The term of the Terms of Use shall commence on the date upon which agree to the Terms of Use and shall continue in force thereafter, unless terminated as provided herein. 7.2 Termination. Ninja Jump, Inc. may change, suspend or discontinue all or any aspect of the Service, including their availability, at any time, and may suspend or terminate Your use of the Service at any time. This includes, without limitation, the right to set, at Ninja Jump, Inc.'s own discretion and at any time, a maximum number of 3D images you may access through the service without Ninja Jump, Inc.'s prior written consent. In addition, either party may terminate the Terms of Use at any time, for any reason, or for no reason including, but not limited to, if You engage in any action that reflects poorly on Ninja Jump, Inc. or otherwise disparages or devalues the Ninja Jump, Inc. Brand Features or Ninja Jump, Inc.'s reputation or goodwill. If You desire to terminate the Terms of Use, You must remove the Service from Your Site. 7.3 Rejection of Application. Ninja Jump, Inc. shall have the right, in its sole discretion, to reject any request to use the Service at any time and for any reason, and such rejection shall render null and void the Terms of Use between You and Ninja Jump, Inc.. Ninja Jump, Inc. shall not be liable to You for damages of any sort resulting from its decision to reject such a request. 7.4 Effect of Termination. Upon the termination of the Terms of Use for any reason (i) all license rights granted herein shall terminate and (ii) You shall immediately delete any and all 3D images and Ninja Jump, Inc. Brand Features. 7.5 Survival. In the event of any termination or expiration of the Terms of Use for any reason, Sections 2.1, 3, 4, 5, 6, 7.4, 7.5, 7.6, and 8 shall survive termination. Neither party shall be liable to the other party for damages of any sort resulting solely from terminating the Terms of Use in accordance with its terms. 7.6 Remedies. You acknowledge that Your breach of service/license restrictions contained herein may cause irreparable harm to Ninja Jump, Inc., the extent of which would be difficult to ascertain. Accordingly, You agree that, in addition to any other remedies to which Ninja Jump, Inc. may be legally entitled, Ninja Jump, Inc. shall have the right to seek immediate injunctive relief in the event of a breach of such sections by You or any of Your officers, employees, consultants or other agents. 7.7 Third Party Beneficiaries. Nothing in the Terms of Use should be construed to confer any rights to third party beneficiaries. 8. GENERAL INFORMATION Entire Agreement. The Terms of Service constitute the entire agreement between You and Ninja Jump, Inc. and govern your use of the Service, superceding any prior agreements between You and Ninja Jump, Inc.. You also may be subject to additional terms and conditions that may apply when You use or purchase certain other Ninja Jump, Inc. services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The Terms of Service and the relationship between You and Ninja Jump, Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Ninja Jump, Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. Waiver and Severability of Terms. The failure of Ninja Jump, Inc. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Ninja Jump, Inc. services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.

* I have read and agree to the Terms of Use above