JIASS.COM Terms and Conditions of Use
This page states the Terms and Conditions under which you may use this Web
Site. Please read this page carefully. If you do not accept the Terms and
Conditions stated here, do not use this Web Site. JIASS.COM may revise these Terms
and Conditions at any time by updating this posting. You should visit this page
periodically to review the Terms and Conditions, because they are binding on
you.
Section 1. Company's Liability
The Material may contain inaccuracies or typographical errors. Company makes no
representation about the accuracy, reliability, completeness, or timeliness of
the Material or about results to be obtained from using the Web Site and the
Material. Use the Web Site and the Material at your own risk. Changes are
periodically made to the Web Site and may be made at any time. COMPANY DOES NOT
WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS
SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE
WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 2. Disclaimer of Consequential Damages
IN NO EVENT SHALL COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT
THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE
THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Section 3. User Submission
Generally, any communication which you post to the Web Site is considered to be
non-confidential. If particular Web pages permit the submission of
communications which will be treated by Company as confidential, that fact will
be stated in "Legal Notices" on those pages. By posting
communications to the Web Site, you automatically grant Company a royalty-free,
perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish,
edit, translate, distribute, perform, and display the communication alone or as
part of other works in any form, media, or technology whether now known or
hereafter developed, and to sublicense such rights through multiple tiers of
sublicensees.
As a User, you are responsible for your own communications and are responsible
for the consequences of their posting. You must not do the following things:
Post material that is copyrighted, unless you are the copyright owner or have
the permission of the copyright owner to post it; post material that reveals
trade secrets, unless you own them or have the permission of the owner; post
material that infringes on any other intellectual property rights of others or
on the privacy or publicity rights of others; post material that is obscene,
defamatory, threatening, harassing, abusive, hateful, or embarrassing to
another User or any other person or entity; post a sexually-explicit image;
post advertisements or solicitations of business; post chain letters or pyramid
schemes; or impersonate another person.
The Company does not represent or guarantee the truthfulness, accuracy, or
reliability of any of communications posted by other Users or endorse any
opinions expressed by Users. You acknowledge that any reliance on material
posted by other users will be at your own risk.
Company does not screen communications in advance and is not responsible for
screening or monitoring material posted by Users. If notified by a User of
communications which allegedly do not conform to this Agreement, Company may
investigate the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication. Company has no
liability or responsibility to Users for performance or non-performance of such
activities. Company reserves the right to expel Users and prevent their further
access to the Web Site for violating this Agreement or the law and the right to
remove communications which are abusive, illegal, or disruptive.
Section 4. Links to Other Sites
The Web Site contains links to third party Web sites. These links are provided
solely as a convenience to you and not as an endorsement by Company of the
contents on such third-party Web Sites. Company is not responsible for the
content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third party Web sites.
If you decide to access linked third-party Web sites, you do so at your own
risk.
Section 5. Software Licenses
All software that is made available for downloading from the Web Site
("Software") is protected by copyright and may be protected by other
rights. The use of such software is governed by the terms of the software
license agreement o designated "Legal Notice" accompanying such
software license ("License Agreement"). The downloading and use of
such software is conditioned on your agreement to be bound by the terms of the
License Agreement.
Section 6. Limitation of Liability
Unless otherwise expressly provided in a Software License Notice, the aggregate
liability for Company to you for all claims arising from the use of the
Materials (including Software) is limited to $1.
Section 7. Indemnity
You agree to define, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions, or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material (including Software) or
your breach of the terms of this Agreement. The Company shall provide notice to
you promptly of any such claim, suit, or proceeding and shall assist you, at
your expense, in defending any such claim, suit or proceeding.
Section 8. Forward Looking Statements
Except for historical information contained herein, statements made at this
web site that would constitute forward-looking statements may involve certain
risks such as our ability to keep pace with technological advances, significant
competition in the wireless, mobile and consumer electronics businesses,
quality and consumer acceptance of newly introduced products, our relationships
with key suppliers and customers, market volatility, non-availability of
product, excess inventory, price and product competition, new product
introductions and other risks detailed in the Company's public filings with the
Securities and Exchange Commission. These factors, among others may cause
actual results to differ materially from the results suggested in the
forward-looking statements.
Section 9. General
The Company makes no claims the Materials are appropriate or may be downloaded
outside the Netherlands. Access to the Materials (including Software) may not
be legal by certain persons or in certain countries. If you access the web site
from outside of the Netherlands, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction. This Agreement
is governed by the internal substantive laws of the State of New York, without
respect to its conflict of laws principles. If any provision of this Agreement
is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of this Agreement, which shall remain in full force and effect. No
waiver of any term of this Agreement shall be deemed a further or continuing
waiver of such term or any other term. Except as expressly provided in a
particular "Legal Notice" or Software License or material on
particular Web pages, this Agreement constitutes the entire Agreement between
you and the Company with respect to the use of the Web Site. Any changes to
this Agreement must be made in writing, signed by an authorized representative
of the Company.