I. Terms of use (Contract)

Last modified January 3, 2023

Jasmine Media LLC
Jasminedirectory.com
616 Corporate Way, Suite 2-5486
Valley Cottage, NY 10989
legal@jasminedirectory.com
712-560-8221

Welcome to the website of Jasmine Media LLC, located at JASMINEDIRECTORY.COM, (hereinafter “We”, “Us”, “Our”). We thank You (any visitor to Our website and hereinafter "You" or "Your") for visiting Our website and considering Our products and services.

By using this website or by Your agreement with this policy that You clicked, You agree to the JASMINEDIRECTORY.COM Terms of Service (LEGAL AGREEMENT), Our Privacy Policy, and the use of cookies as described in Our Privacy Policy. By using our website, you accept these terms and conditions in full.

If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website. If you register with our website (either directly or indirectly because of a correspondence), use our website, or buy any product or service from our website for you, your business or for someone else, you to expressly agree to these terms and conditions.

If you are accessing and using the Website on someone else’s behalf, you represent that you have the authority to bind that person as the principal to these Terms, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Website resulting from such access or use. In such a scenario, the words "you" and "your" when used in these Terms will apply to the person on whose behalf you are acting as well as you as an individual as appropriate.

If you are using our Services on behalf of a corporate entity or organization, then you agree to these Terms on behalf of that corporate entity or organization and its affiliates and you represent that you have the authority to do so. In such a scenario, the words "you" and "your" when used in these Terms will apply to your or organization and its affiliates as well as you as an individual as appropriate.

We may modify these Terms from time to time to reflect changes in market conditions affecting our business, changes in our business, changes in payment methods, changes in technology, changes in relevant laws and regulatory requirements and changes in our system. If we do so we will notify you by email to the email address you have provided us with, however we are not obliged to, and such modification shall be effective upon our posting of the revised Terms on the Website.

You agree to be bound by and changes to these Terms when you use our Website and Services after any such modification is posted on the Website. It is therefore important that you review these Terms regularly to ensure you are updated as to any changes.

These Terms apply to the order and supply of Services by us to you. They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice, or course of dealing.

Preliminary definitions:

"Agreement" or "Customer Terms of Service" means these General Terms and all materials referred or linked to in here, unless otherwise stated. Throughout this Agreement, we may link to knowledge base articles to help facilitate your use of our products and services and manage your account; however, these knowledge base articles are for your information only, and they are not incorporated into this Agreement.

"Authorized Payment Method" means a current, valid, payment method accepted by us, as may be updated from time to time and which may include payment through your account with a third party.

"Billing Period" means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Subscription Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Subscription Service for a one (1) year Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.

"Confidential Information" means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party's customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Customer Data will be considered Confidential Information under this Agreement regardless of whether or not it is designated as confidential.

"Contact" means a single individual (other than a User) whose Contact Information is stored by you in the Subscription Service.

"Contact Information" means the name, email address, phone number, online user name(s), and similar information submitted by visitors to your landing pages on the Subscription Service or uploaded by you to the Subscription Service.

"Consulting Services" means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.

"Customer Data" means all information that you submit or collect via the Subscription Service.

"Customer Materials" means all materials that you provide or post, upload, input or submit for public display through the Subscription Service.

"Discounted Listing(s)" means the Listings or other products or features made available by us to you based on a discounted plan.

"Jasmine Media LLC Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services, including Enrichment Data (as defined in the Product Specific Terms).

"Order" or "Order Form" means the JasmineDirectory-approved form or online subscription process by which you agree to subscribe to the Subscription Service.

"Personal Data" means any information relating to an identified or identifiable individual where (i) such information is contained within Customer Data and (ii) is protected as personal data, personal information, or personally identifiable information under applicable Data Protection Laws (as defined in the DPA).

"Product Specific Terms" means the additional product-related terms that apply to your use of JasmineDirectory.com products, our Consulting Services and Third-Party Products.

"Sensitive Information" means credit or debit card numbers; financial account numbers or wire instructions; government issued identification numbers (such as Social Security numbers, passport numbers), biometric information, personal health information (or other information protected under any applicable health data protection laws), personal information of children protected under any child data protection laws, and any other information or combinations of information that falls within the definition of "special categories of data” under GDPR (as defined in the DPA) or any other applicable law relating to privacy and data protection.

"Subscription Fee" means the amount you pay for the Subscription Service.

"Subscription Service" means all of our services that you have subscribed to under an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by us, and any ancillary products and services, that we provide to you.

"Subscription Term" means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any).

"Third-Party Products" means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. These products and services include non-JasmineDirectory services, like payment processors.

"Third-Party Sites" means third-party websites linked to from within the Subscription Service, including Communications Services.

"Users" means your employees, representatives, consultants, contractors, or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.

"JasmineDirectory", “Jasmine Media LLC” "we", "us" or “our” means the applicable contracting entity as specified in the ‘Contracting Entity and Applicable Law’ section.

"You", "your" or “Customer” means the person or entity using the Subscription Service or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer and your Affiliates included in the scope of your purchase.

1. Introduction

1.1 These terms and conditions shall govern your use of our website.

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3 If you [register with our website, submit any material to our website or use any of our website services], we will ask you to expressly agree to these terms and conditions.

1.4 You must be at least [18] years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

2. Credit

2.1 This document was created using a template from Docular (https://seqlegal.com/free-legal-documents/website-terms-and-conditions).

3. Copyright notice

3.1 Copyright (c) [2009] [Jasmine Media LLC].

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

4. Permission to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive.

(d) stream audio and video files from our website, and

(e) use our website services by means of a web browser,

subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material on your computer.

4.3 You may only use our website for your own personal and business purposes, basically, you may use every and any functionality of the website.

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute our website address, price list, services we offer in print and electronic form to any person.

4.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

5. Misuse of website

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with our website;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].

6. Registration and accounts

6.1 To be eligible for an account on our website under this Section 6, you must be at least 16 years of age.

6.2 You must register for an account with our website ONLY while you submit a listing or through us, if custom sales offers are discussed between you and us (in which case you automatically allow us to create an account for you based on the data you provide).

6.3 You must not allow any other person to use your account to access the website.

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5 You must not use any other person's account to access the website, unless you have that person's express permission to do so.

7. User login details

7.1 If you register for an account with our website, you will be asked to choose an e-mail address and a password (so you can be informed about your listing acceptance or rejection and for the purpose of editing your details in the future.)

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3 You must keep your password confidential. Your password is stored on our servers encrypted.

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

8. Cancellation and suspension of account

8.1 We may:

(a) suspend your account (if we suspect your account is related to illegal activities);

(b) cancel your account (e.g. recurring payment cancellation, failed payment); and/or

(c) edit your account details if you request us to do so,

at any time in our sole discretion with or without notice to you.

8.2 We will usually cancel an account if it remains unused for a continuous period of 12 months (recurring payment cancellation).

8.3 You may cancel your account on our website by contacting us directly. We prefer a digitally signed PDF for this purpose.

9. Our rights to use your content

9.1 In these terms and conditions, "your content" means all works and materials including without limitation text, graphics, images, audio material, video material, audio-visual material, and files that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media OR [reproduce, store and publish your content on and in relation to this website and any successor website OR reproduce, store and, with your specific consent, publish your content on and in relation to this website.

9.3 You grant us the right to sub-license the rights licensed under Section 9.2.

9.4 You grant us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

10. Rules about your content

10.1 You warrant and represent that your content will comply with these terms and conditions.

10.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3 Your content (the information you submit during a website’s suggestion), and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

11. Limited warranties

11.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(c) that the website will operate without fault; or

(d) that the website or any service on the website will remain available.

11.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

11.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

12. Limitations and exclusions of liability

12.1 Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

12.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 12.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

12.3 We will not be liable for any loss or damage of any nature.

12.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

12.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

12.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

12.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12.9 WARRANTIES

OUR SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF ANY SERVICE OFFERED BY US IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE DO NOT MAKE ANY WARRANTY THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICE OFFERED BY US OR OUR BUSINESS LISTINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OFFERED ON OUR WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OFFERED ON OUR WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY SERVICE OFFERED BY US IS 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 SUCH MATERIAL AND/OR DATA. WE DO NOT MAKE ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH US OR FROM ANY SERVICE OFFERED BY US OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH ANY SERVICE OFFERED BY US. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR THROUGH ANY SERVICE OFFERED BY US, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12.10 LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL WE OR OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE ANY SERVICE OFFERED BY US, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH ANY SERVICE OFFERED BY US, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ALSO AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU, OR TO ANYONE, FOR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR ARISING FROM USE OF ANY SERVICE OFFERED BY US. IF YOU ARE DISSATISFIED WITH ANY SERVICE OFFERED BY US YOUR EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE WITHOUT REFUND OF ANY KIND WHATSOEVER.

13. Breaches of these terms and conditions

13.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

13.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.

14. Variation

14.1 We may revise these terms and conditions from time to time.

14.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions OR We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

14.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

15. Assignment

15.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

15.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16. Severability

16.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17. Third party rights

17.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2 The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

18. Entire agreement

18.1 Subject to Section 12.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19. Fees

19.1 Subscription Fees. The Subscription Fee will remain fixed during the initial term of your subscription unless (i) you upgrade products or base packages, (ii) you subscribe to additional features or products, including additional Contacts, or (iii) otherwise agreed to in your Order. We may also charge you outstanding balances based on this contract.

19.2 Fee Adjustments at Renewal. Upon renewal, we may increase or decrease your Subscription Fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next renewal term. If you do not agree to this increase, either party can choose to terminate your subscription at the end of your then-current term.

19.3 Payment of Fees. If you are paying by credit card, you authorize us to charge your Authorized Payment Method for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

In the event of a failed attempt to charge your Authorized Payment Method (for example, if your Authorized Payment Method has expired or is no longer valid), we reserve the right, and you authorize us, to retry billing your Authorized Payment Method. If you update your Authorized Payment Method to remedy a change in validity or expiration date, we will automatically resume billing; we may also receive updates on your Authorized Payment Method through our payment service providers and automatically resume billing. We may suspend your access or terminate your account if we remain unable to successfully charge a valid Authorized Payment Method.

19.4 Payment against invoice. If you are paying by invoice, we will invoice you no more than forty-five (45) days before the beginning of the Subscription Term and each subsequent Billing Period, and other times during the Subscription Term when fees are payable. All amounts invoiced are due and payable within three (3) days from the date of the invoice, unless otherwise specified in the Order Form.

19.5 Payment Information. You will keep your business information up to date, including your company name, address, and primary contact. You will also keep your Authorized Payment Method and billing information up to date for the payment of incurred and recurring fees, including your tax information.

You authorize Lasmine Media LLC to continue to charge your Authorized Payment Method for applicable fees during your Subscription Term and until any and all outstanding Fees have been paid in full. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. If you make purchases on behalf of a client, you agree to be responsible for the Order Form and to guarantee payment of all fees.

19.6 Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You will have no liability for any taxes based upon our gross revenues or net income. If you are located in the European Union, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. At our request, you will provide us with the VAT registration number under which you are registered in your member state. If you do not provide us with a VAT registration number prior to your transaction being processed, we will not issue refunds or credits for any VAT that was charged. If you are subject to GST, all fees are exclusive of GST. If you are located in Canada, all fees are exclusive of GST, PST and HST.

19.7 At Jasmine Media LLC, we are committed to providing high-quality review services for all listings submitted to us. Our refund policy is designed to be transparent and fair, ensuring that our clients feel confident and well-informed throughout our review process.

A. Refund Conditions:

(i) Review Fee Refunds: We understand the importance of every listing submitted for our review. If your website does not meet our criteria and is rejected, we will refund the review fee in full. We believe in supporting our clients' efforts and providing a fair opportunity for success.

(ii) No Refunds After Acceptance: Once a listing has been reviewed and accepted, we consider our service to be fully rendered. Therefore, we do not offer refunds after a listing has been reviewed and accepted. By submitting your listing for review, you acknowledge and agree that the acceptance of your listing by Jasmine Media LLC finalizes the service, and no refunds will be issued post-acceptance.

B. Payment Terms for Discounted Listings

(I) 3-Day Payment Window for Discounted Listings: When you select or you are offered with a discounted listing option on Jasmine Directory, you agree to pay the invoice for such listing(s) within three (3) business days from the date of the invoice issuance. This expedited payment term is in recognition of the discounted rate being offered.

(II) Consequence of Non-Payment within the Specified Period: If we do not receive payment for the discounted listing within this three (3) business day period, you acknowledge and agree that Jasmine Directory is entitled to revoke the discounted pricing and charge you the full, non-discounted price for all the listings. The non-discounted price will be as stated on our website or as otherwise communicated to you at the time of your listing selection (when the discount was offered).

(III) Payment Processing: All payments are processed securely through our third-party payment processor, Stripe.com. By agreeing to these terms, you authorize Jasmine Directory to automatically charge the payment method on file for the full, non-discounted price of the listing(s) if the discounted listing invoice is not paid within the specified timeframe.

(IV) Collection of Fees Through Separate Charges: Jasmine Directory reserves the right, at its discretion, to collect the total fees owed for services rendered, including but not limited to submission review and discounted listing fees, through separate charges. This means the total amount due may be divided and charged as multiple transactions to facilitate payment processing and account management. By utilizing our services, you acknowledge and agree to this method of fee collection, which is conducted in strict compliance with this Contract. This practice ensures transparency and efficiency in handling your transactions with Jasmine Directory.

(V) Acceptance of Terms: By using Jasmine Directory's services and selecting a discounted listing, you acknowledge that you have read, understood, and agreed to be bound by these Payment Terms for Discounted Listings, as part of our broader Terms of Service. If you do not agree with these terms, you should not proceed with your listing purchase.

19.8 Applicability of Terms to Custom Price Offers:

All terms and conditions set forth in the present Terms of Use, as may be amended from time to time, shall apply with equal force and effect to any and all custom price offers made by representatives of Jasmine Media LLC to its customers (including via electronic mail conversation), unless explicitly stated otherwise in writing at the time of the offer. This includes, but is not limited to, any specific agreements or promotions negotiated on a case-by-case basis between the customer and any duly authorized representative of Jasmine Media LLC.

Customers accepting custom price offers from Jasmine Media LLC acknowledge and agree that, in addition to the specific terms of such offers, they are bound by the comprehensive Terms of Use of Jasmine Media LLC as applicable to the standard services and products offered. This ensures consistency in the application of our policies and procedures across all transactions, providing a standardized framework for the rights and obligations of both Jasmine Media LLC and its customers.

The acceptance of a custom price offer constitutes the customer's agreement to adhere to the Terms of Use of Jasmine Media LLC, including any and all amendments thereto, as fully and effectively as if such custom price offer were a standard transaction under the usual pricing and terms. Jasmine Media LLC reserves the right to require formal acknowledgment of these terms as a condition of any custom price offer.

It is the responsibility of the customer to familiarize themselves with the current Terms of Use of Jasmine Media LLC, available on /guidelines.html (aka. THIS PAGE), prior to accepting any custom price offer. By proceeding with a transaction based on a custom price offer, the customer signifies their understanding and acceptance of this applicability.

19.9. Editing a listing

When business owners wish to update their listings on the directory, they have the capability to edit various details of an existing listing through a designated "Edit Listing" option on the website, shown on each listing detail page. This option allows for the modification of information related to the listing but restricts changes to the primary URL. If a change of the main website URL is desired, a new listing submission is necessary. Additionally, any request to modify a listing is subject to a fee, which is not refundable upon payment. This process ensures that updates are made accurately and maintains the quality of the directory's listings.

If a user forgets their password, they can recover it using the email address associated with their listing submission. In cases where access to the registered email is lost, Jasmine Media LLC will not disclose any information for security reasons. To verify ownership and prevent impersonation, the company may request a transaction ID, which should be known only to the person who submitted the listing and Jasmine Media LLC. This process ensures secure and fair usage of the platform.

19.10. Removing a listing upon request

To remove a listing, scenarios include requests by the business owner or an authorized representative. The process likely involves verification steps to confirm identity and authorization to ensure the request is legitimate and to prevent unauthorized removals. This might include providing specific information related to the listing or a form of verification that proves their authority or ownership of the listing.

20. Law and jurisdiction

20.1 These terms and conditions shall be governed by and construed in accordance Romanian Law.

20.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Timisoara, TM, Romania. Any case against us, must be formulated respecting this condition. Also, the dispute initiator must inform us 45 days prior to any such action.

21. DISPUTES

In the event of a dispute, You agree to attempt to resolve the dispute by contacting Us at legal@jasminedirectory.com prior to taking any other action. Failure to contact Us to attempt a dispute resolution prior to taking any other action will result in a breach of this Agreement by You. This Agreement and Your use of Our website are governed by the laws of the EU, and the courts of general jurisdiction located within Timis, Timisoara, will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning this Agreement or any other controversy between You and Us. You hereby waive any right to a trial by jury in the event of any controversy or claim relating to this Agreement. In addition to the foregoing, in the event of any breach or violation of this Agreement, We shall be entitled to enforce all of Our legal remedies for the breach or wrongful activity including, but not limited to, seeking actual damages, the maximum amount of statutory damages under applicable statutes and Acts, profits, treble damages, and attorneys’ fees and costs. These remedies and damages are in addition to the monetary payments described above and/or any amounts otherwise due under this Agreement.

22. Statutory and regulatory disclosures

22.1 We are registered with the Chamber of Commerce as an LLC, under the name of Jasmine Media LLC.

22.2 We are registered as Jasmine Media LLC with code 6631.

22.3 We subscribe to EEU code(s) of conduct.

22.4 Our VAT number is 48324214.

23. Our details

23.1 This website is owned and operated by Jasmine Media LLC.

23.2 We are registered in Timis, Timisoara, EU-RO under registration number J35/2278/2023.

23.3 You can contact us:

(a) by post, to the postal address given above;

(b) using our website contact form;

(c) by telephone, on the contact number published on our website; or

(d) by email, at support@jasminedirectory.com (for legal matters, we may require electronically signed documents, like PDFs).

 

II. Privacy Policy

Last updated May 23, 2023

INTRODUCTION

This privacy policy applies to all information collected through our website, https://www.jasminedirectory.com. Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

Table of contents:

1. WHAT INFORMATION DO WE COLLECT?
2. HOW DO WE USE YOUR INFORMATION?
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?
5. DO WE USE GOOGLE MAPS?
6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?
7. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?
8. HOW LONG DO WE KEEP YOUR INFORMATION?
9. HOW DO WE KEEP YOUR INFORMATION SAFE?
10. DO WE COLLECT INFORMATION FROM MINORS?
11. WHAT ARE YOUR PRIVACY RIGHTS?
12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
13. DO WE MAKE UPDATES TO THIS POLICY?
14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

Content:

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us such as name, address, contact information and encrypted passwords.

We collect personal information that you voluntarily provide to us when submitting a website, expressing an interest in obtaining information about us or our products and services, or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us, the choices you make and the products and features you use. The personal information we collect can include the following:

Name and Contact Data. We collect your email address which is necessary to use our services (e.g. receive a confirmation e-mail once your submission is approved, modified or rejected, you forget your password and you request a new one, you contact us for any issue related to our services), and any detail you provide to enhance your listing’s details page. You are fully responsible for the accuracy of the provided data.

Credentials. We collect passwords, password hints, and similar security information used for authentication and account access. All these data are encrypted.

Payment Data. We DO NOT collect any financial information since all payments are handled by PayPal Inc. or Stripe Inc. However, both our payment processors sends us a confirmation e-mail once you complete a payment.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information. We have no responsability for the information you provide us.

Information automatically collected

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our website.

We automatically collect certain information when you visit, use or navigate our website. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, referring URLs, country. This information is primarily needed to maintain the security and operation of our website, and for our internal analytics and reporting purposes.

WE DO NOT COLLECT information through cookies and similar technologies. WE DO NOT USE ANY third party cookies.

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests ("Business Purposes"), in order to enter into or perform a contract with you (“Contractual”), with your consent ("Consent"), and/or for compliance with our legal obligations ("Legal Reasons"). We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To fulfill and manage your orders for Contractual reasons. We may use your information to fulfill and manage your orders.

To enable user-to-user communications with your consent. We may use your information in order to enable user-to-user communications with each user's consent.

To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and/or possibly Contractual.

To respond to legal requests and prevent harm for Legal Reasons. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

We DO NOT use, under any circumstances, your information to send you promotional content.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations.

We only share and disclose your information in the following situations:

Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work.

Examples include:

1. payment processing, data analysis, email delivery, hosting services, customer service

and

1. marketing efforts. We may allow selected third parties to use tracking technology on the Sites, which will enable them to collect data about how you interact with the Sites over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

With your Consent. We may disclose your personal information for any other purpose with your consent.

Other Users. When you share personal information (for example, by posting comments, contributions or other content to the Sites) or otherwise interact with public areas of the Site, such personal information may be viewed by all users and may be publicly distributed outside the Site in perpetuity.

4. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use only same-site cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information.

– "Cookies" are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

– "Log files" track actions occurring on the Site, and collect data including your IP address, referring/exit pages, and date/time stamps.

5. DO WE USE GOOGLE MAPS?

In Short: Yes, we use Google Maps for the purpose of providing better service.

This website uses Google Maps APIs. You may find the Google Maps APIs Terms of Service here. To better understand Google’s Privacy Policy, please refer to this link. By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. By using our implementation of the Google Maps APIs, you agree to allow us to use information about your website or business location.

For a full list of what we use information for, please see the previous sections titled “Use of Your Information” and “Disclosure of Your Information.”

6. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in the United States of America. If you are accessing our Sites from outside USA, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "Disclosure of Your Information" above), in other countries.

If you are a resident in the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

In particular, Jasmine Media LLC complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States and has certified its compliance with it. As such, Jasmine Directory is committed to subjecting all personal information received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.

Jasmine Media LLC is responsible for the processing of personal information it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf.

With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Jasmine Media LLC is subject to the regulatory enforcement powers of the U.S. FTC. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

7. WHAT IS OUR STANCE ON THIRD-PARTY WEBSITES?

In Short: We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our websites.

The Sites may contain advertisements from third parties that are not affiliated with us and which may link to other websites, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other websites, services or applications that may be linked to or from the Sites. You should review the policies of such third parties and contact them directly to respond to your questions.

7. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law. You may ask us anytime to remove your information.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy unless a longer retention period is required by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than the period of time in which you have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

8. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Sites is at your own risk. You should only access the services within a secure environment.

9. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Sites, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at info@jasminedirectory.com.

10. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below https://www.jasminedirectory.com/contact.html. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

11. Account Information

You may at any time review or change the information in your account or terminate your account by contacting us using the contact information provided below.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Sites. To opt-out of interest-based advertising by advertisers on our Site visit http://www.aboutads.info/choices/.

Opting out of email marketing: We do not use your information for any form of email marketing, we will never send you promotional emails – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. You can also opt-out by contacting us using the contact information provided below.

12. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with our Site, you have the right to request removal of unwanted data that you publicly post on the Sites. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Sites, but please be aware that the data may not be completely or comprehensively removed from our systems.

13. DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

14. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, email us at legal@jasminedirectory.com or by post to:

Jasmine Media LLC
616 Corporate Way, Suite 2-5486
Valley Cottage, NY 10989

If you are a resident in the European Economic Area, the "data controller" of your personal information is Jasmine Media LLC. which has appointed Ferenc Ianos to be its representative in the EEA. You can contact them directly regarding the processing of your information by email at legal@jasminedirectory.com.

If you have any further questions or comments about us or our policies, email us at support@jasminedirectory.com or contact us by post at:

Jasmine Media LLC
616 Corporate Way, Suite 2-5486
Valley Cottage, NY 10989