Terms and Conditions of Use

1. Acceptance of Terms

1.1. The web pages and the service available at jomatu.com (“Jomatu”) are owned and operated by PSLWeb.co.uk. (“PSLWeb”), and are accessed by you under the Terms and Conditions ("Terms") described below. If you do not agree with these Terms for any reason, you are asked not to use Jomatu. Use of Jomatu indicates your acceptance of these Terms.

1.2. Please read these Terms carefully before using Jomatu or its service. By accessing Jomatu or using any part of Jomatu you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access Jomatu, or use the content or any services offered. Jomatu’s acceptance is expressly conditioned upon your assent to all these Terms, to the exclusion of all other terms; if these Terms are considered an offer by Jomatu, acceptance is expressly limited to these Terms.

2. Description of Service

2.1. Jomatu provides you with a means to edit the content of your website through an internet connection and a world wide web browser ("the Service"). To use the Service you will need an pre-existing website for which you are the legal owner (or are otherwise authorized by the legal owner), and an pre-existing internet connection, including all equipment required for such a connection. The Service provided by Jomatu is limited solely to the means to edit your website content using your existing internet connection.

3. Registration

3.1. In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Jomatu registration forms (collectively the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PSLWeb has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PSLWeb has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. Security

4.1. During the registration process you will be asked to create a password for your account. You are solely responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to notify Jomatu immediately of any breach of your password or account or any other breach of your security. You agree to ensure that you fully log out of the Jomatu system at the end of each session, and agree never to leave an active session unattended whilst potentially accessible to unauthorized users. PSLWeb will not be liable for any loss or damage arising from your failure to comply with this section.

5. Code of conduct

5.1. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not PSLWeb, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via Jomatu. PSLWeb does not control the Content posted via Jomatu and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will PSLWeb be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via Jomatu.

5.2. You agree to take full responsibility for the actions of any Jomatu user who you authorize to edit the content of your website. PSLWeb cannot and will not be liable for any loss or damage resulting from the actions of another Jomatu user who you have authorized to edit the content of your website.

5.3. You agree to not use Jomatu to:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(e) edit the Content of a website for which you are not the legal owner or have not been so authorized by the legal owner;
(f) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

6. Use of the Service

6.1. You warrant that your website is coded according to recognised HTML standards as defined by the World Wide Web Consortium. PSLWeb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with non-standard or invalid HTML code being edited using the Service.

6.2. You acknowledge and agree to Jomatu generating valid XHTML code for your website and that such code will replace, where applicable, any non-standard and invalid code on your edited web pages. PSLWeb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with such changes generated by Jomatu.

6.3. You agree to ensure that you keep at least one copy of any web page that you edit using the Service for the purposes of restoring that web page back to its original, pre-edited, state. PSLWeb cannot and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your failure to keep adequate back-ups of your website files.

6.4. You agree to allow the Jomatu system to create a Jomatu-specific folder on your web server's file system which Jomatu requires in order to provide the Service. This folder is used for storing Jomatu HTML files, uploaded files and backup copies of your web pages. Jomatu will update content in this folder as and when required.

7. Billing and refund policy

7.1. Jomatu provides a free, no obligation, trial period for its Service. The free trial period will expire on the Payment Renewal Date. If the free trial period expires and payment has not been received, access to the Service will be suspended.

7.2. Payment is taken on a per annum basis and in advance. Payment entitles you to use the Service for a period of one year from the Payment Renewal Date.

7.3. Payment is taken via the third-party payment provider PayPal™.

7.4. Failure to pay for the Service by the Payment Renewal Date will result in the immediate suspension of the Service.

7.5. In the event of PSLWeb suspending or terminating your account due to a breach of contract, PSLWeb shall not be obliged to refund, either wholly or in part, any payments made by you.

7.6. In the event that you cancel your account, PSLWeb shall not be obliged to refund, either wholly or in part, any payments made by you.

7.7. Payment reminder emails will be periodically and automatically sent from Jomatu. PSLWeb cannot and will not be held liable for the failure to receive such emails. You are solely responsible for ensuring that payments are made prior to the payment renewal date and you are strongly advised to note your payment renewal date to ensure payments are made on time.

7.8. PSLWeb reserves the right to change any future fees at any time. You will be notified prior to making any payment of the current fees due.

8. Disclaimer of warranties

8.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU "AS IS", AND PSLWEB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8.2. PSLWEB MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD, THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE SOFTWARE WILL BE ERROR FREE OR THAT ANY SOFTWARE ERRORS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT NEITHER PSLWEB NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEBSITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT PSLWEB WILL NOT BE HELD LIABLE IN ANY WAY.

9. Limitation of liability

9.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PSLWEB WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PSLWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH SERVICES, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES.

10. Exclusions and limitations

10.1. 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 8 AND 9 MAY NOT APPLY TO YOU.

11. Indemnity

11.1. YOU AGREE TO INDEMNIFY, DEFEND AND PSLWEB HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, (INCLUDING SOLICITORS'S FEES) AND EXPENSES, RELATED TO YOUR VIOLATION OF THIS AGREEMENT OR USE OF THE SERVICE.

12. Reservation of rights

12.1. PSLWeb reserves all of the site editor's rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that the site editor may have in respect of this web site, its content, and goods and services that may be provided. The use of PSLWeb's rights and property requires PSLWeb's prior written consent. By making services available to you, PSLWeb is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without PSLWeb's prior written consent.

13. Notification of copyright infringement

13.1. If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please use the contact page of this site.

14. Proprietary rights and licences

14.1. Except as expressly authorised by PSLWeb, you agree not to modify, copy, reproduce, reverse-engineer, republish, upload, post, transmit, rent, loan, sell, resell, lease, licence, sub-licence, distribute or create in any way content and/or derivative works based on the Service or Content, in whole or in part.

15. Force Majeure

15.1. Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

16. Modification to the Service

16.1. PSLWeb reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that PSLWeb shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

17. Advertisements and promotions

17.1. Jomatu may run advertisements and promotions. By creating your account, you agree that Jomatu has the right to run such advertisements and promotions, within the area of the site designated on Jomatu for that purpose. The manner, mode and extent of advertising on Jomatu is subject to change without notice

17.2. Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant. To the fullest extent permitted by applicable law, you agree that PSLWeb shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on Jomatu.

18. External links

18.1. Jomatu may provide, or third parties may provide, links to other World Wide Web sites or resources. Because PSLWeb has no control over the content or security of such sites and resources, you acknowledge and agree that PSLWeb is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that PSLWeb shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

19. Termination

19.1. You may cancel your account at any time by raising a support ticket within your account. An email or telephone request to cancel your account will, for security reasons, not be acceptable. There is no cancellation fee payable.

19.2. You agree that PSLWeb, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, or if PSLWeb believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. PSLWeb may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that PSLWeb may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that PSLWeb shall not be liable to you or any third-party for any termination of your access to the Service. If such action is taken, your payment, either wholly or in part, will not be refundable.

20. General

20.1. All legal issues arising from or related to the use of Service shall be construed in accordance with and determined by the Laws of England. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

20.2. If any provision of these Terms 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 these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. These Terms constitutes the entire Terms and Conditions that you agree to be bound by.

20.3. From time to time, PSLWeb may change, alter or modify these Terms. Any changes to these Terms will be posted on the Jomatu website and any use by you of the Service after any such changes have been posted shall be deemed to indicate your agreement to the modified Conditions. If you do not agree to the modified Terms, you should cease use of the Service.

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Jomatu uses certain icons and images obtained under the GPL/GNU licence. We would like to thank and acknowledge the following sources: Oxygen Team, Everaldo Coelho, Productive Dreams, Sebastien Durel, Marco Martin, New Mooon (sic), Alessandro Rei, Woothemes, YellowIcon, schollidesign, Wendell Fernandes & David Vignoli