Terms Of Use & Privacy Policy

Hi there and welcome! This page tells you the terms of use (“Terms” or “Terms of Website Use”) that govern your use of our Website [j0vanna.com/jovannaofficial.com] (“Website”). Please read these Terms carefully before you start to use our Website.

BY ACCESSING OR USING OUR WEBSITE, YOU ACCEPT AND AGREE THAT YOU HAVE READ AND AGREED TO COMPLY WITH THESE TERMS OF WEBSITE USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE TERMS BELOW, PLEASE REFRAIN FROM USING THE WEBSITE.

Information About Us

 This Website is operated by Funky Indigo, LLC d/b/a Funky Indigo Entertainment, a Florida limited liability company (“We” and “Our”).

Accessing Our Website

 We reserve the right, at our sole discretion, to modify, change or otherwise update our Terms of Website Use or our Privacy Policy (which we incorporated herein), or to change, modify, or alter any feature of the Website at any time by posting such changes on the Website. The latest update of these Terms of Website Use will supersede all previous versions. Continued access of the Website by you will constitute your acceptance of any changes or revisions to these Terms of Website Use and the Privacy Policy.

We reserve the right, at our discretion, to deny access to any person who has violated any of these Terms of Website Use. Your rights under these Terms of Website Use will terminate if you fail to comply with any of the below agreed terms. These Terms of Website Use are effective until terminated.

Copyrights, Trademarks, Licenses and Restrictions

 All the content and materials of this Website, including but not limited to the songs, music, display, presentation and distribution of images, artwork, photographs, videos, audios, graphics, text, special effects, software and/or messages, illustrations, look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein (collectively “Content”) are protected by copyrights and other rights of intellectual property owned, controlled, registered and/or licensed by us and other persons who have licensed their material to us (“Licensors”). Some of the characters, logos or other images incorporated by us on this Website are also protected as registered or unregistered trademarks, trade names and/or Website marks owned by us or our Licensors (“Trademarks”). Use of the Content and the Trademarks is not authorized in any manner other than as described in these Terms of Website Use. Your use of the Website does not grant to you any ownership rights to the Content or the Trademarks or any other materials you may access on or through the Website.

Upon accessing the Web Site according to these Terms of Use, we grant you a limited, non-exclusive, personal, revocable, and non-transferable license to access, use and privately display the Website, the Content and the Trademarks solely as provided in these Terms of Website Use and solely for your personal use and provided that you are not in breach of these Terms of Website Use (the “License”). The License enables you to view, preview, select, stream and access the Content via the Website in accordance with these Terms of Website Use. Violation of these Terms of Website Use in any manner shall result in termination of the License granted to you herein and obligates you to cease all use of the Website, the Content and the Trademarks.

The Content, Trademarks and other materials displayed on this Website must be used solely for non-commercial, personal, entertainment, recreational and like purposes. You may not copy, reproduce, replicate, upload, transmit, distribute, transfer, display, sell, license, publish, enter into a database, perform publicly, modify, create derivative works, edit, post, link to, credit yourself or in any way exploit any part of this Website or the Content, Trademarks or other material on the Website or attempt to interfere with the operation of the Website in any way.

Prohibited Uses

 You may use our Website only for lawful purposes. You may not use our Website: (i) in any way that breaches any applicable law or regulations; (ii) in any way that is unlawful or fraudulent, or has unlawful or fraudulent purpose or effect; (iii) for the purpose of harming or attempting to harm any individual in any way; (iv) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); (v) for commercial purposes; (vi) to harvest or collect information about Website users; or (vii) to create liability for us in any way.

You must also not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious, technologically harmful or designed to disrupt the current operation of our Website. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. We may report any breach under these Terms of Website Use to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.

 Hyperlinks to and from third party sites

 Where our Website contains links to other websites and content provided by third parties, these links are provided for your information only. If you use these links, you will leave our Website. We have no control over the contents of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or make any warranties or representations about the other websites, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our Website, you do this entirely at your own risk.

Any area of this Website that is accessed through any third party proprietary online Website is subject to the rules, policies and guidelines of such third party proprietary online Website.

You are not permitted to link to this Website from any third-party site.

Access from Outside the United States

The Website is directed to people residing in the United States. We do not represent that Content available on or through the Website is appropriate or available in other locations. We may limit the availability of the Website to any person or geographic area at any time. If you choose to access the Website from outside the United States, you do so at your own risk.

Parental Controls

We cannot prohibit minors from visiting our Website, and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. We are not responsible for the access of this Website by minors.

Disclaimers

WE PROVIDE THE WEBSITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE WEBSITE, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 

Limitation of Liability

IN NO EVENT WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF WEBSITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, OR (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AGENTS, REPRESENTATIVES, AND OFFICERS HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, DEMANDS, COSTS, AND EXPENSES OF EVERY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) AND NATURE (INCLUDING ACTUAL, SPECIAL, INCIDENTAL, AND CONSEQUENTIAL), KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO, YOUR USE OF THE WEBSITE. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

Applicable Law and Jurisdictional Matters

We control and operate the Website from our office in Florida (the United States of America). We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. ALL PARTIES TO THESE TERMS OF USE WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.

These Terms of Website Use shall be governed by, construed and enforced in accordance with the law of the State of Florida, United States of America, as they are applied to agreements entered into and to be performed entirely within such state. Any action you may bring to enforce these Terms of Website Use or, in connection with any matters related to the Web Site shall be brought only with the federal or state courts located in Broward County, State of Florida, United States of America, and you waive any other venue.

Severability

If any provision of these Terms of Website Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for these Terms of Website Use and shall not affect the validity and enforceability of any remaining provisions. This is the totality of the Terms of Website Use agreed upon between the parties relating to the matters contained herein.

Privacy Policy

 You may leave your email address on our Website to receive news and updates. We will not sell your email address or use it for any improper purpose.

Questions

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at funkyindigoent@gmail.com. Thank you for visiting our Website.