USE OF THIS Website
The Website and Jist Enterprises Products are subject to United States,
as well as applicable international copyright law. The Website and Jist
Enterprises Products are owned by Jist Enterprises, LLC. Without Jist
Enterprises' prior written permission, or as specifically provided
herein, you may not reproduce, distribute, modify, display, prepare
derivative works based on, repost or otherwise use the content of this
Website. Any unauthorized use of the images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and communications
regulations and statutes. Except as expressly provided above, nothing
contained herein shall be construed as conferring any license or right
under any copyright or other intellectual property right. Any other
copying, redistribution, publication, or retransmission of any portion
of Website material or the Jist Enterprises Products is strictly
prohibited without the express written permission of Jist Enterprises.
No right, title, or interest to any trademarks or trade names of Jist
Enterprises or its licensors is granted to you.
If you are an owner of intellectual property who believes their
intellectual property has been improperly posted or distributed via this
Website, please notify Jist Enterprises immediately at the following
address:
Jist Enterprises, LLC
231 North Avenue West #151
Westfield, NJ 07090
Attention: Legal Department.
YOUR COMMUNICATIONS TO AND THROUGH THIS Website
Jist Enterprises reserves the right, but shall have no obligation, to
monitor communications or materials you transmit to, through or post on
the Website, and reserves the right to suspend, delete or withhold any
communications or materials and to terminate your access to and use of
this Website, at any time and for any reason (including for violation
of these Terms and Conditions or for any unlawful or improper conduct.)
By using this Website, you consent to Jist Enterprises' access of your
account and other records for, among other purposes, maintenance, or the
investigation of complaints or allegations of misuse or misconduct. You
further agree that Jist Enterprises need not provide any notice to you,
either before or after such access, except as required by law. By using
the Website, including by posting or uploading any materials or
communications to chat rooms, communities, bulletin boards, or by
creating and posting any electronic greeting card ("EGC") or sending
e-mail notification of an EGC, you agree not to use unlawful, immoral,
scandalous or obscene names, graphics, images, photos, or language. You
further agree that in creating and posting EGCs and sending electronic
mail (email) notifications and invitations from or through the Website,
you shall only use valid personal names and email addresses and that you
will send email notifications and invitations only to people or entities
with whom you are personally acquainted and who have all necessary
rights to receive the notifications and to access the EGC. You further
agree that you will not use any of the services or functions provided by
the Website to "spam" or otherwise send multiple, unwanted email
notifications or invitations to any person, and that you will use the
Website in a responsible manner.
CONTENT STORAGE
All online storage services provided on this Website for end user
content ("End User Content") may be changed, modified or discontinued at
any time for any reason without notice at Jist Enterprises' sole
discretion.
DISCLAIMER AND LIMITED LIABILITY
This Website, including materials accessed from or through it,
including the Jist Enterprises Products may include technical
inaccuracies or other errors. Your use and browsing of the Website and
the Jist Enterprises Products are at your risk. Neither Jist Enterprises
nor any other party involved in creating, producing, or delivering the
Website or the Jist Enterprises Products shall be liable for any
direct, incidental, consequential, indirect, or punitive damages arising
out of your access to, or use of, the Website or Jist Enterprises
Products. Jist Enterprises does not warrant that the functional aspects
of the Website or Jist Enterprises Products will be uninterrupted or
error free or that this Website or the server that makes it available
are free of viruses or other harmful components. Jist Enterprises
neither warrants nor represents that your use of materials displayed on
the Website or the Jist Enterprises Products will not infringe rights
of third parties not owned by or affiliated with Jist Enterprises. Jist
Enterprises may make available to you certain data storage capacity
(such as for web pages); Jist Enterprises makes no representation or
warranty as to, and may modify, with or without notice, at any time and
for any reason, the quality or quantity of storage made available and
shall have no liability for any loss of, destruction or damage to any
data that you attempt to transmit, upload, or that you or any other
person attempts to access or download from Jist Enterprises' data
storage facility. All such data transfer and storage shall be at your
own risk, and you shall be solely responsible for all loss or damage to
your data. You also understand that Jist Enterprises cannot and does not
guarantee or warrant that the Jist Enterprises Products or the Website,
files or software of any kind, or from any source, available for
downloading through the Website, will be free of infection or viruses,
worms, Trojan Horses or other code or defects that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Website for the reconstruction of
lost data. You understand that, except for information, products, or
services clearly identified as being supplied by Jist Enterprises, Jist
Enterprises does not operate, control or endorse any information,
products, or services on the Website in any way. Except for Jist
Enterprises identified information, products or services, any other
information, products and services offered on the Website are offered
by third parties that are not affiliated with Jist Enterprises. Jist
Enterprises may allow you to link from the Website to third party sites
from which you may purchase goods or and services. Any transaction you
enter with such a third party shall be between you and that third party;
Jist Enterprises shall have no liability for any transaction you enter
with a third party accessed through the Website. Jist Enterprises makes
no representations or warranties regarding the creation or content of
EGCs you post or the delivery of EGC notification emails sent via the
Website, including the accuracy of sender identity or recipient
notification. Without limiting the foregoing, everything on the Website
and the Jist Enterprises Products are provided to you "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so some
of the above exclusions may not apply to you. Jist Enterprises reserves
the right to make changes to this Website or the Jist Enterprises
Products at any time without notice. Jist Enterprises may cancel,
change, modify, discontinue, terminate, or charge a fee at any time for
any reason for the online services or products available in conjunction
with this Website or the Jist Enterprises Products without notice at
Jist Enterprises' sole discretion. IN NO EVENT WILL JIST ENTERPRISES OR
ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE Website OR
JIST ENTERPRISES PRODUCTS, INCLUDING, WITHOUT LIMITATION, DAMAGES OR
RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR
COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
UNDER ANY THEORY OF LIABILITY. IN NO EVENT WILL JIST ENTERPRISES' AND
ITS SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU
FOR THE USE OF THE Website REGARDLESS OF THE FORM OF THE CLAIM
(INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT
CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. AMENDMENTS ARE PERIODICALLY MADE
TO THE INFORMATION CONTAINED HEREIN AND THE PRODUCTS; THESE AMENDMENTS
WILL BE INCORPORATED INTO THE Website AND/OR THE PRODUCTS AND JIST
ENTERPRISES MAY MAKE IMPROVEMENTS AND/OR SAID AMENDMENTS TO THE Website
AND THE PRODUCTS AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER
SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY
APPEAR ON THE Website AND/OR THE PRODUCTS. JIST ENTERPRISES DOES NOT
WARRANT THAT THE Website AND ACCESS TO THE PRODUCTS WILL BE
UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE Website OR THE
PRODUCTS WILL BE CORRECTED. If you are dissatisfied with the Website or
the Jist Enterprises Products or with any terms, conditions, rules,
policies, guidelines or practices of using the Products or of Jist
Enterprises in operating the Website, your sole remedy is to
discontinue using the Website and the Products.
LINKS
Jist Enterprises has not reviewed all of the Websites linked to this
Website and is not responsible for the content of any off-site pages or
any other sites linked to this Website. The inclusion of any link to
such sites does not imply endorsement by Jist Enterprises of the sites.
Your linking to any other off-site pages or other sites is at your own
risk.
GENERAL PROVISIONS
Jist Enterprises may revise these Terms & Conditions from time to time
by updating or revising this posting, with the revised terms taking
effect as of the date of its posting. You agree to periodically review
this Agreement and be bound by any such future modifications. Jist
Enterprises controls and operates this Website from its offices in
Westfield, New Jesery, United States of America and makes no
representation that these materials are appropriate or available for use
in other locations. If you use this Website from other locations you
are responsible for compliance with applicable local laws. Jist
Enterprises products are available in many parts of the world. However,
this Website may describe products that are not available worldwide. If
any portion of these terms is held to be unenforceable, the
unenforceable portion shall be construed in accordance with applicable
law to the greatest extent possible and the remainder of the provisions
shall remain in full force and effect. Any cause of action you may have
with respect to this Website must be commenced within one year after
the claim, cause of action arises, or such claim or cause of action is
barred. These terms will be governed by and construed in accordance with
the laws of the State of New Jersey, United States of America without
regard to its conflicts of law provisions. Any legal action arising from
your use of this Website shall take place in a court located in New
Jersey. By your use of this Website you consent to the personal
jurisdiction of such courts.
©2008 Jist Enterprises, LLC. All Rights Reserved.
Last revised: September 28, 2008. |
