Terms of Service

Introduction.
The website thejungl.com ("Jungl") is owned and operated by Oriku, Inc. These Terms of Use govern your use of Jungl, and by using Jungl you agree to these Terms of Use. By using Jungl, you agree that you are at least 18 years old and agree to be bound by all of the following provisions of these Terms of Use.
Jungl is intended for two types of users:
  • Subscribers who donate money to support other internet websites through Jungl
  • Website owners who receive funds donated by subscribers.
Most of the provisions of these Terms of Use apply to both subscribers and website owners. Provisions which apply specifically to subscribers or website owners are discussed below.


Subscribers
Subscribers are users who donate money to other internet websites through Jungl. You may become a subscriber by enrolling on Jungl. To subscribe, you must provide a valid email address and a valid PayPalTM account to which your monthly donations will be charged. The minimum monthly subscription amount is $1.00, and there is no maximum monthly subscription amount. When you subscribe to Jungl, you must designate your initial monthly subscription amount and your PayPalTM account will be charged for that amount. You may change your monthly subscription amount at any time, as long as the amount is at least $3.00.
Once you subscribe to Jungl, you may designate websites to which your monthly subscription amount will be allocated. There are two types of websites which you may designate:
  • Registered websites whose owners have registered and are eligible to receive donations from Jungl.
  • Unregistered websites whose owners have either not yet registered or are otherwise ineligible to receive donations from Jungl.
You may designate a registered website by either clicking on the Jungl badge on that website or manually adding that website address to your Jungl account. You may designate an unregistered website by manually adding that website address to your Jungl account.

You may change your designated websites as often as you like. However, donations will only be allocated to websites which are designated on your monthly charge date. As mentioned above, we will charge your PayPalTM account for your initial monthly subscription amount when you enroll as a subscriber. Those funds will be held by Jungl until your next monthly charge date, at which time your PayPalTM account will be charged again for your current monthly subscription amount. When the second PayPalTM charge is confirmed, the funds from your first PayPalTM charge will be allocated for donation to the websites you have designated as of the most recent monthly charge date. Your monthly charge date will typically be the same day of each month as the day of the month on which you enrolled with Jungl, except if you enroll on the 29th, 30th or 31st of a month, your monthly charge date will be the last day of any month which doesn't have that many days. This process will continue monthly until you cancel your Jungl account.

Here's an example to illustrate how the process works. Let's assume you enroll as a subscriber on January 1st for a monthly subscription amount of $3.00. Your PayPalTM account will be charged for $3.00 on January 1st. You initially designated three websites, but later in the month you add and remove websites on several occasions. On February 1st, you have five designated websites as a result of the changes you made in January. The $3.00 which was charged to your PayPalTM account on January 1st will be released for donation to those five websites (plus Jungl, as discussed below) on February 1st, and your PayPalTM account will be charged another $3.00 on February 1st for the second month. Any websites which you may have designated for part of a month but were not designated on your monthly charge date will not receive a donation allocation for that month.

You may cancel your Jungl account at any time. If you cancel your account, your last monthly subscription amount will be released for donation to your designated websites as of your cancellation date. Jungl does not provide any refunds, even if you cancel your Jungl account.


Website Owners
A website owner must register its website with Jungl in order to receive any funds donated to that website by Jungl subscribers. To subscribe as a website owner, you must provide a valid email address, a valid PayPalTM account to which donations allocated to your website will be paid, and proof of ownership of the website. The website must also prominently display the Jungl badge in order to be eligible to receive any funds donated to that website by Jungl subscribers. If a website does not properly display the Jungl badge in Jungl's sole discretion, Jungl may suspend payment of any donations to the website's owner until the Jungl badge is properly displayed.

Under no event will Jungl be liable or responsible for fraudulent website ownership claims. Jungl uses standard industry methods to verify website ownership, but it is still possible for someone to hack a website or use other improper means in order to gain control of a Jungl website account. If this occurs, Jungl reserves the right to notify PayPalTM and the appropriate legal authorities in its sole discretion.


How Donations Work
As described above, a subscriber's monthly subscription amount will be released once a month for donation to the subscriber's designated websites as of the monthly charge date. PayPal(TM)'s fees will be deducted from your monthly subscription amount, so if your monthly subscription amount is $3.00, for example, less than $3.00 will actually be available for donation.

Jungl is automatically added as a designated website to each subscriber's account; this is how we are able to provide these services. When your monthly subscription amount is released for donation, it will be divided by your number of designated websites on the applicable monthly charge date plus one (for Jungl), and that amount will be allocated to each of your designated websites plus Jungl. The only exception to that rule is that Jungl will never receive more than 10% or less than 3% of the monthly subscription amount released for donation. All allocated amounts will be rounded down to the nearest penny, and any extra pennies will stay in your account for allocation the next month.

Here's a few of examples to illustrate how this works. We.ll use round numbers for the PayPalTM charges just for the sake of simplicity, so you shouldn't rely on those numbers as accurate.

Example one. Your monthly subscription amount is $11.00. PayPalTM charged $1.00 to process that payment, which leaves $10.00 left for donation. On your monthly charge date, you have nine websites designated. Nine plus one (for Jungl) is 10, so each of your designated websites and Jungl is allocated $1.00 (10%).

Example two. Your monthly subscription amount is $11.00. PayPalTM charged $1.00 to process that payment, which leaves $10.00 left for donation. On your monthly charge date, you have three websites designated. Three plus one (for Jungl) is four, so each of your designated websites and Jungl is allocated $2.50 (25%). However, we just said that Jungl will never take more than 10%, so Jungl's allocation is reduced to $1.00 (10%) and the remaining $9.00 is split evenly between your three designated websites.

Example three. Your monthly subscription amount is $11.00. PayPalTM charged $1.00 to process that payment, which leaves $10.00 left for donation. On your monthly charge date, you have 49 websites designated. 49 plus one (for Jungl) is 50, so each of your designated websites and Jungl is allocated $0.20 (2%). However, we just said that Jungl will never take less than 3%, so Jungl's allocation is increased to $0.30 (3%) and the remaining $9.70 is split evenly between your 49 designated websites.

That's the system for subscribers, it's really that simple. Here's how the donations get to the website owners. As we mentioned earlier, there are two types of websites for Jungl, registered and unregistered. Jungl keeps track of how much in donations has been allocated to each website, whether it's a registered or unregistered website.

When the donation balance for a registered website reaches $100.00, we.ll pay those funds to the website owner; however, we don't have to make more than one payment a month per website owner. If the donation balance for a registered website is less than $100.00, we.ll retain those funds until the balance reaches $100.00; however, if the donation balance for a registered website doesn't reach $100.00 within three years of the first donation, Jungl has the right to subsume the balance. Payments to registered website owners will only be made to a valid PayPalTM account, and the PayPalTM charge will be deducted from the amount paid to the website owner. If a registered website's owner fails to keep a valid PayPalTM account on file with Jungl, we will continue to maintain the donation balance for that registered website; however, if a registered website owner fails to keep a valid PayPalTM account on file with Jungl for three years, Jungl has the right to subsume that registered website's donation balance.

For unregistered websites, we will maintain the donation balance for that unregistered website until its website owner registers the website with Jungl, and then the donation balance will be paid just like any other registered website. Jungl may attempt to notify unregistered website owners that they have donation funds allocated with Jungl, but has no obligation to do so. Jungl has the right to subsume any unregistered website's donation balance which is three years old or older.


That's how Jungl works! Our lawyers made us include the following provisions in these Terms of Use.


Site Content.
All information and content available on the Jungl site (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by Oriku, Inc. The Content is intended for your personal use only. You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Oriku, Inc. Requests regarding use of the Content for any purpose other than evaluation purposes should be directed to Oriku, Inc., 179 Overlook Drive, Sunnyvale, Texas 75182.


Trademarks.
You acknowledge that the Content includes certain trademarks and service marks owned by Oriku, Inc. and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "Jungl" name and logo are trademarks of Oriku, Inc. Other product and company names herein may be trademarks of their respective owners.


Software.
Please note that all software programming, including without limitation all HTML and other code contained in the Jungl site (collectively, "Software"), is owned by Oriku, Inc. and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.


Linking.
If you operate a website and wish to link to Jungl, you must link to Jungl's home page unless permission otherwise has been granted in writing by Oriku, Inc. Oriku, Inc. reserves the right to reject or terminate any links to the Content or Jungl.


User Materials.
By submitting content, photos, data or other materials ("Materials") to Jungl, you hereby grant to Oriku, Inc. and its affiliates and agents a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Oriku, Inc. and its affiliates and agents a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.


Interactive Forums.
Jungl may offer message boards, bulletin boards, chat rooms or other forums (collectively, "Forums") to give users 18 years of age and older a forum in which they can express their opinions and share their ideas. Oriku, Inc. does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. By posting a message in the Forums, you agree to abide by these Terms of Use. You may not use Jungl's Forums to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on Jungl without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.


Oriku, Inc.'s Rights.
Oriku, Inc. cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. Oriku, Inc. reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using Jungl, you expressly agree that Oriku, Inc. (a) will not be liable for any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability.


Unsolicited Materials.
Oriku, Inc. does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with any Forums, chat rooms and bulletin boards on Jungl. Oriku, Inc. and its affiliates and agents shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to Jungl.


Representations/Indemnity.
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to Jungl, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation or cause injury to any person. You agree to release, defend, indemnify and hold Oriku, Inc., its affiliates and agents, and their respective officers, directors, managers, partners, employees, agents, attorneys and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of Jungl or any reliance on the Content, or (iii) your breach of these Terms of Use.


Prohibited Activities.
The following is a partial list of the kinds of activities that are prohibited on or through Jungl: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to Jungl's users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using Jungl's lead forms and/or toll-free numbers to advertise or promote products and services to Oriku, Inc. advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in Jungl or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of Jungl; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on Oriku, Inc.'s hardware and software infrastructure (collectively, "Prohibited Activities").


Warranty Disclaimer.
YOU EXPRESSLY AGREE THAT USE OF JUNGL AND RELIANCE ON ITS CONTENT AND/OR SERVICES IS AT YOUR OWN RISK. ORIKU, INC. AND ITS AFFILIATES AND AGENTS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING JUNGL, THE SOFTWARE, THE CONTENT, THE MATERIALS, THE SERVICES PROVIDED THROUGH JUNGL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. JUNGL, THE SOFTWARE, THE CONTENT, THE MATERIALS AND THE SERVICES PROVIDED THROUGH JUNGL ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND ORIKU, INC. AND ITS AFFILIATES AND AGENTS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ORIKU, INC. RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON JUNGL OR IN THE CONTENT. ORIKU, INC. DOES NOT MAKE AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES TO YOU REGARDING THE SERVICES PROVIDED THROUGH THE JUNGL SITE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.


Limitation of Liability.
ORIKU, INC., ITS AFFILIATES AND AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS AND CONTRACTORS SHALL IN NO EVENT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER RESULTING FROM OR CAUSED BY JUNGL, THE SOFTWARE, CONTENT, THE MATERIALS, THE SERVICES PROVIDED THROUGH THE JUNGL SITE, THESE TERMS OF USE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). Some states do not allow the exclusion or limitation of incidental or consequential damages of implied warranties, so the above exclusion or limitation may not apply to you.


Termination of Service.
You understand and agree that in Oriku, Inc.'s sole discretion, and without prior notice, your access to Jungl may be terminated or suspended, and Oriku, Inc. may exercise any other remedy available if Oriku, Inc. believes that your use of Jungl (a) violates (i) the terms of these Terms of Use, (ii) the rights of Oriku, Inc., its affiliates and agents or another user of Jungl, or (iii) any law or regulation, or (b) is otherwise objectionable or inappropriate or (c) constitutes fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Oriku, Inc. for violations of these Terms of Use, and you consent to injunctive or other equitable relief for such violations without the requirement that Oriku, Inc. post a bond or, if bond is required by law, that bond in the amount of $250 is reasonable and sufficient. Oriku, Inc. is not required to provide any refund to you if you are terminated as an authorized user of Jungl because, in Oriku, Inc.'s sole discretion, you have violated the terms of these Terms of Use.


Miscellaneous.
The terms set forth in these Terms of Use may be changed at any time and you will be notified of any such changes by an updated posting of the new provisions of these Terms of Use on Jungl. Your continued use of Jungl after the posting of any amended provisions of these Terms of Use shall constitute your agreement to be bound by any such changes. Oriku, Inc. may modify, suspend, discontinue or restrict the use of any portion of Jungl without notice or liability. The Jungl site includes links to other websites not established or supervised by Oriku, Inc. Oriku, Inc. and its affiliates and agents do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites. Jungl does not endorse any registered or unregistered website or its content. These Terms of Use will be governed by and construed in accordance with the laws of the State of Texas without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to Jungl must be exclusively filed in the federal or state courts located in Dallas County, Texas within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the federal and state courts in Dallas County, Texas, and waive any objection based on forum non conveniens. As a condition of using the Jungl site, you agree that all causes of action arising out of or connected Jungl or the Jungl site shall be resolved individually, without resort to any form of class action. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of these Terms of Use will be enforced to the maximum extent permissible so as to effect its written intent, and the remainder of these Terms of Use will continue in full force and effect. Failure by Oriku, Inc. to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Use. These Terms of Use constitute the entire agreement between Oriku, Inc. and you regarding the subject matter hereof. Neither these Terms of Use, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.


2013 Oriku, Inc.
Last updated on 05/4/2011