Terms of Use

1. INTRODUCTION

Welcome to the TJ & Pals website (this "Website"). The Website is operated and presented to users by Umachaka Media, Inc., a Delaware corporation ("hereinafter referred to as "Umachaka").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this Website you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use this Website. You should visit this Website periodically to review the current Terms of Use. Your continued use of this Website following the posting of changes to these Terms of Use will mean you accept those changes.

IF YOU ARE A PARENT OR GUARDIAN AND HAVE REGISTERED YOUR CHILD ON THE WEBSITE OR OTHERWISE USING THIS WEBSITE WITH YOUR CHILD, YOU AND YOUR CHILD AGREE TO BE BOUND BY THE TERMS OF USE OF THIS WEBSITE.

2. USE OF CONTENT

The Site is only for your personal use. You may not use this Website for commercial purposes or in any way that is unlawful, or harms us or any other person or entity.
All content on this Website, including artwork, graphics, images, screen shots, text, music, digitally downloadable files, trademarks, logos, product and character names, and slogans are the exclusive intellectual property of Umachaka. Except as we specifically agree in writing, no content from this Website may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Website, except that where the Website is configured to enable the download of particular content, you may download such content for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the content, and (c) do not use the content in a manner that suggests an association with any of our products, services or brands. Any business use of this Website is prohibited.

3. RULES OF ONLINE BEHAVIOR

As a condition to your accessing, participating on, linking to, or otherwise using the Website, you agree NOT to, whether directly or indirectly, use the Website to:
a. defame, abuse, harass or threaten others;
b. make, post, or distribute, any bigoted, hateful, racially offensive, threatening, harassing, vulgar, obscene, discourteous, or indecent languages, images, statements or other objectionable materials;
c. advocate, discuss with the intent to commit, or commit illegal activity;
d. advertise or sell to or solicit others;
e. post or distribute any material that infringes and/or violates any right (including but not limited to intellectual property of a third party) or any law;
f. make any attempt to penetrate, modify or manipulate the Website to invade the privacy of any other user of the Website;
g. attempt to modify, erase or damage any information contained on the Website;
h. reverse engineer any portion of the Website;
i. restrict or inhibit others from using the Website;
j. spoof or otherwise impersonate any individual or entity; or
k. violate or attempt to violate the security or integrity of the Website or of any computer system.

4. USER GENERATED CONTENT, POSTINGS

The Website may contain discussion boards, user-generated pages such as blogs, messaging services, user generated video, images and other interactive features which allow you and other users to post information, and interact in real-time. To the extent that portions of this Website provide users an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (the "Postings"), please be advised that Postings do not necessarily reflect the views of Umachaka. In no event shall Umachaka assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on or transmission via this Website. Responsibility for Postings lies with each user, and you alone are responsible for the content of your messages and the consequences of any such messages. Please take a moment to reflect on your Posting before hitting the "post" button as you cannot in every case edit or delete a Posting.
We do not claim ownership of any Postings that you may post or submit. However, by submitting a Posting, you hereby authorize and grant Umachaka the non-exclusive right to use, display, reproduce, modify and distribute, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Umachaka will have the right to use, copy, display, perform, distribute, adapt, modify and re-format the Postings in any manner that Umachaka may determine. You agree that Umachaka may identify you as the author of any of your Postings by name, email address or screen name as Umachaka sees appropriate, in its sole discretion. You acknowledge that Postings may be indexed by online search engines such as Yahoo! and Google.

5. REGISTRATION

We may require you to have a unique username and password combination in order to use certain features and functions of the Website, including discussion boards, user-generated pages, messaging services and certain other features or functions. You may not:

a.select or use a screen name of another person with the intention of impersonating that person,
b.use a screen name of anyone else without authorization,
c.use a screen name in violation of the intellectual property or other legal rights of any person or
d.use a screen name that Umachaka Media, Inc. considers, in its sole discretion and for any reason, inappropriate.

Your username and password are personal to you, and you may not allow any others to use your username or password under any circumstances. You are solely responsible for maintaining the strict confidentiality of your username and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so.

You, and not us, are solely responsible and liable for your activity, behavior, use and conduct on the Website or any other activity or conduct in connection with the Website by any others who use your username or password, unless and until you notify us that your username or password may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your username or password due to security concerns.

During registration you will be required to provide us with certain information about yourself in order for us to allow you to complete the registration process and to use certain features and functions of this Website. It is your responsibility to give us current, complete, truthful and accurate information and to keep the information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update the information you give us. Please read our Privacy Policy, which describes how we collect and use your personal information. By registering with the Website, you agree to allow our staff to contact you at your personal email address about your activity on the Website.

6. CONTENT ACCESSIBLE THROUGH LINKS

The Website may link to other sites operated by third parties. The inclusion of any link to such sites does not imply endorsement or recommendation by this Website or by Umachaka, but is for your reference and convenience only. We are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Website. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of those sites.

7. NO REPRESENTATIONS AND WARRANTIES AS TO THE WEBSITE

THE WEBSITE AND ALL CONTENT PROVIDED BY UMACHAKA, OR ITS THIRD PARTY PROVIDERS IS DISTRIBUTED ON AN "AS IS" BASIS. UMACHAKA MAKES NO REPRESENTATIONS OR WARRANTIES THAT OPERATION OF THE WEBSITE (OR SERVICES OR PRODUCTS OBTAINED THROUGH THE WEBSITE) WILL BE UNINTERRUPTED OR ERROR FREE AND DO NOT PROVIDE ANY WARRANTY AS TO THE USE, SUFFICIENCY OR ACCURACY OF ANY CONTENT. ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND GUARANTEES AS TO PRODUCTS AND SERVICES PROVIDED BY UMACHAKA, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, PRIOR ORAL OR WRITTEN STATEMENTS BY UMACHAKA, ITS AGENTS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE OR NON-INFRINGEMENT) ARE HEREBY OVERRIDDEN, EXCLUDED AND DISCLAIMED.

8. LIMITATION OF LIABILITY

UMACHAKA IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS WEBSITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UMACHAKA, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEBSITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY UMACHAKA OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL UMACHAKA'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

9. INDEMNIFICATION

You agree at your expense to indemnify and hold harmless, Umachaka and its affiliates and each of their respective partners, suppliers, licensors, officers, directors, shareholders, emloyees, representatives, contractors and agents, from any and all claims, suits, actions and investigations, and any costs, expenses, liabilities or damages therefrom (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (a) your use of the Website; (b) the Website's or Umachaka or its affiliates' use of any content or information you provide, as long as our use is not inconsistent with these Terms of Use; (c) information or material posted or transmitted through your registration account or user ID, even if not posted by you; and, (d) any violation of these Terms of Use by you (collectively "Claims").

Umachaka reserves the right to select counsel and conduct the defense or settlement of any such Claim, which shall not relieve you of your obligation to indemnify as provided above.

10. TERMINATION

You agree that at our sole discretion, and in our sole judgment, we or our agent may terminate your account at any time with or without cause.

Termination for cause may include, but is not limited to:

a. Violations of these Terms of Use
b. Violations of other posted rules of conduct
c. Violations of law or intellectual property rights
d. Harassment or belittling conduct toward individuals, companies or other third parties
e. An expression of your unwillingness to abide by these Terms of Use or other clearly posted site rules
f. Failure to abide by the instructions for guidelines of forum moderators, editors or other authorized members of the community to provide such moderation.
g. Failure to provide real, verifiable information about your true identity where requested or instructed

Termination of a user's account may include any of the following actions:

a. A complete deletion (non recoverable) from all files, databases and any and all storage mechanism of the user's files, uploads, content, and personally identifiable information. In such a case, neither Umachaka nor its affiliates, partners or vendors have any obligation to retrieve or restore deleted data, or otherwise make good in any fashion the loss of such data.
b. User data, including without limitation submitted content, errant code or personal information, may also be hidden from public view, but not destroyed. In such a case, neither UMACHAKA nor its affiliates, partners or vendors are under any obligation to retrieve or restore such data.

Users who are terminated are prohibited from creating new accounts without prior written consent of Umachaka. Users who are terminated may apply for a new account after more than 30 days has passed, and Umachaka will determine in its sole discretion whether to reinstate.

11. E-COMMERCE SERVICES

This Website offers you and your child certain e-commerce services, including but not necessarily limited to membership in TJ's Club, which will give you access to various features including LivePlay and TJ Connect. You acknowledge that only a parent or legal guardian can enter into and complete such transaction.

In return for receiving the services you agree to pay us in advance by credit card or debit card at the rates in effect at the time of your purchase. You will have the option of purchasing a monthly, 6 month, or yearly subscription to TJ's Club.

In order to purchase a subscription to TJ's Club you may be required to provide complete and accurate personal information, including, without limitation, your name, address, telephone number, e-mail address, credit or debit card information.

The Privacy Policy of this Website explains how such information collected by Umachaka may be collected and used by the company. You must notify us immediately via of any change in your credit or debit card information, including any change to your billing address.

By purchasing a subscription to TJ's Club or any other products or services offered by this Website, you acknowledge and agree that your credit or debit card is being charged by the payment processor of Umachaka or its vendor, the operator of such product or service.

When you sign up for TJ's Club you have a right to cancel your subscription in writing up to 7 business days after you first sign up (the " Cancellation Period") and you will receive a full refund of any fees paid within 30 days. However, if you access TJ's Club within the Cancellation Period, your subscription fees are non-refundable. You may contact us to cancel your subscription within the Cancellation Period by emailing us at [email protected].

Your subscription will continue for the length of the initial term you select on your Plan ("Subscription Term ") and at the end of your prepaid Subscription Term, it will automatically renew for another prepaid period of the same length unless you choose to cancel prior to that renewal, or your subscription is cancelled, terminated, or discontinued by us, or you select a different plan. The credit or debit card you have stored in the Managed Accounts section of the Website will automatically be charged at the rates in effect at the time of renewal.

To prevent your subscription from renewing, you may login to the Managed Account section of the Website and follow the applicable instructions. In no event will Umachaka provide partial or pro-rated refunds.

12. GENERAL PROVISIONS

These Terms of Use will be governed by and construed in accordance with the internal laws of the State of Delaware, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the appropriate state and federal courts in the State of Delaware with respect to claims you may have under these Terms of Use or any other rules of this Website. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Umachaka will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Use.

These Terms of Use constitute the entire agreement between the parties, and supersede all prior written or oral agreements or communications with respect to the subject matter herein. Umachaka in its sole discretion may amend these Terms of Use, and your use of this Website after such amendment is posted on this Website will constitute acceptance of it by you. The failure of Umachaka to enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision in these Terms of Use is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in these Terms of Use are for convenience only and must not be given any legal import.

UmaChaka Media, Inc.
3041 Fallstaff Road, #106
Baltimore, MD 21209
Phone: 410-753-4132