By using the JetArk Holdings, Inc. Web site, the downloaded client software ("Client") and the Jeteye service ("Service") (collectively, "Jeteye") you agree to be bound by the Terms of Use and Service Agreement ("Agreement").

Content Posted on the Site

The strength of Jeteye lies in the quality of its members. As such, establishing a basic level of law and order is necessary for peaceful coexistence. You agree that Jeteye may review and delete any content, messages, or photos that in the sole judgment of Jeteye violate this Agreement. Jeteye reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. You understand that despite this Agreement, by using Jeteye, you may be exposed to postings that are offensive, indecent, or objectionable. Under no circumstances will Jeteye be liable in any way for any postings.

The following is a partial list of actions that are prohibited and that constitute a material breach of this Agreement:

• Posting any material that is patently offensive to the online community, including but not limited to content that is unlawful, threatening, abusive, harassing, libelous, harmful, or promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
• "Stalking" or otherwise harassing any group or individual;
• Disseminating or transmitting spam, junk mail, chain letters, pyramid schemes, or unsolicited mass mailing;
• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
• Distributing any worms, viruses, or other harmful or destructive code, files, or programs;
• Displaying pornographic or sexually explicit material of any kind;
• Posting material that infringes on the intellectual property, privacy, or publicity rights of others;
• Harvesting, collecting, distributing, or storing personal information about others, including but not limited to e-mail addresses, without their consent or identification for posting or viewing;
• Disseminating information that you know is false, misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
• Soliciting passwords or personal information from other users for commercial or unlawful purposes;
• Providing instructional information about illegal activities, violating someone's privacy, or creating computer viruses;
• Allowing any other person or entity to use your identification for posting or viewing comments;
• Violating any law, whether local, state, national, or international, intentionally or not.

Privacy Policy

Use of Jeteye is also governed by our Privacy Policy.

Practices Regarding Use and Storage

You agree that Jeteye has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained or transmitted by Jeteye. You acknowledge that Jeteye has set no fixed upper limit on the number of transmissions you may send or receive through Jeteye or the amount of storage space used; Jeteye retains, however, the right to create limits on use and storage at our sole discretion at any time with or without notice.

Content of the Service

Jeteye takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does Jeteye have any obligation to monitor such third-party content. Jeteye reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement. Jeteye also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Jeteye, its users and the public. Jeteye will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

Intellectual Property Rights

Jeteye Intellectual Property Rights

You acknowledge that Jeteye owns all right, title and interest in and to the Service and the Client, including all intellectual property rights (the "Jeteye Rights"). Jeteye Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service or the Client. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, Jeteye Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights

Jeteye does not otherwise claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload or transmit from, or store using the Jeteye Client or Service.

No Resale of the Service or the Client

Unless expressly authorized in writing by Jeteye, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Jeteye Service or Client, (b) use of the Jeteye Service or Client, or (c) access to the Jeteye Service or Client. Jeteye grants you a personal, non-transferable and non-exclusive right and license to use the Client on your computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right of the Client.

Automatic Updates

The Jeteye Client may communicate with Jeteye's servers to check for available updates to the software, including bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). During this process, the Client sends Jeteye a request for the latest version information. By installing Jeteye, you hereby agree to automatically request and receive Updates from Jeteye's servers.

Copyright Complaints

Jeteye respects the intellectual property rights of others and responds to notices of alleged copyright infringement pursuant to the Digital Millennium Copyright Act.

Changes in Terms of Use and Service Agreement

Occasionally, we may modify or terminate our services for any reason and without notice. We reserve the right to modify the Agreement from time to time and with or without notice. Each time changes are made to the Agreement, a revised Agreement will be posted on this Web page. By continuing to use Jeteye following the posting of changes, you accept any such changes.

Proprietary Rights to Content on Jeteye

By posting content to any public area on Jeteye, you agree that Jeteye may copy, distribute, display, publish, or modify such postings for any purpose and in any medium worldwide. You automatically grant to Jeteye an irrevocable, perpetual, nonexclusive, fully paid, worldwide license to use, copy, display, or distribute such information and content. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to the public areas or to Jeteye by e-mail.

Passwords and Security

You are solely responsible for maintaining the confidentiality of your account and password and for logging out of your account at the end of each session. You are fully responsible for all activities that occur under your account and password. You agree to promptly notify Jeteye of any unauthorized use of your account or password. You will not be asked by Jeteye to reveal your password. You may not transfer or share your account with anyone.

Linked Content

Jeteye provides links to other sites and resources over which Jeteye exercises no control. Jeteye is not responsible for the availability or accuracy of such external sites or resources and does not endorse and is not liable for any content, advertising, products, claims, or other materials on or available from such sites or resources.

Disclaimer of Information and Warranties

Jeteye is provided on an "as is" and "as available" basis with no warranties whatsoever, whether express or implied, including but not limited to any implied warranties of merchantability, non-infringement of third parties' rights, or fitness for a particular purpose. Jeteye disclaims any and all responsibility or liability for any inaccuracy, error, or omission in the content, text, graphics, links, or communications provided by or through the use of Jeteye; any interruption or delay in operation; theft, destruction, or unauthorized access to or alteration of any transmission or data. Jeteye services are provided only for informational purposes. No content on our site is intended as a substitute for professional advice, whether medical, financial, legal, or otherwise. Jeteye and those posting or otherwise providing information on this site are not responsible for any consequences relating directly or indirectly to any action or inaction you take based on the information on our site. Jeteye does not warrant that the site or service will be uninterrupted, error-free, current, or secure. Jeteye is not responsible for the online or offline conduct of any user of the Web site or member of the Service.

You expressly agree that your use of this site and downloading and accessing of material or software from this site or received through links provided by this site are at your sole risk and discretion and you will be solely responsible for any damage to computer systems or for loss of data. Jeteye does not warrant that this site, its servers, software downloaded from this site, or e-mail sent from Jeteye are free of viruses or other harmful components. We do not warrant that any services or goods received through or advertised on this site will meet your requirements or be accurate, reliable, timely, or useful.

Some states or other jurisdictions prohibit limitations on implied warranties. If these laws apply to you, you may have additional rights.

Limitation of Liability

Under no circumstances shall Jeteye be liable for any damages of any kind arising from the use of, inability to use, or reliance on this site, including but not limited to direct, indirect, punitive, or consequential damages; loss of data or profits; or business interruption, whether based on warranty, contract, tort, or any other legal theory, and whether or not Jeteye is advised of the possibility of such damages. This limitation also applies with respect to damages incurred as a result of goods or services received through or advertised on Jeteye or any links provided by Jeteye.

Some states or other jurisdictions prohibit the exclusion or limitation of liability for incidental or consequential damages. If these laws apply to you, you may have additional rights.

Indemnification

You agree to indemnify and hold Jeteye, its affiliates, officers, agents, and other partners and employees harmless from any loss, liability, claims, actions, and settlements including, without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your violation of this Terms and Use of Service Agreement.

Severability

Please review our other policies. These policies also govern your visit to Jeteye.com. If any provision or condition of this Agreement is determined to be unenforceable or illegal, then such provision or condition will be enforced to the maximum extent possible and the other provisions and conditions will remain fully in effect.

Entire Agreement

This Agreement constitutes the entire agreement between you and Jeteye and governs your use of the Jeteye Service and Client, superseding any prior agreements between you and Jeteye. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Jeteye services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms

The failure of Jeteye to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 Use 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 of or related to use of Jeteye services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Choice of Law; Jurisdiction; Forum

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in San Francisco County, California, and you consent to the jurisdiction of such courts. The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.