NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL TO THE EXTENT THERE IS A CONFLICT.
We reserve the right to modify or amend this Website, including ceasing to offer the Website and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable for any reason if any or all of the Website is unavailable at any time for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including, if applicable, registered users. Our Website is constantly evolving and will change over time. If we make a material change to the Website, we will provide you with reasonable notice and you will be entitled to terminate your use of the Website. To the extent permitted by applicable law, your right to termination will be your sole and exclusive remedy regarding such changes.
If you choose, or are provided with, a user name, password or other information as part of our account or security procedures, you agree to treat such information as confidential and to not disclose such credentials to any other person or entity. You acknowledge that any account provided is personal to you and agree not to provide any other person with access to the Website or portions of it using your account, user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your account, user name or password or any other breach of security. You should use caution when accessing your account from a public internet connection or shared computer so others are not able to view or record your account credentials. For the avoidance of doubt, you are solely responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
Intellectual Property Rights
The Website and its features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof not otherwise provided by you or other users), are – as between you and us – owned by us, our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Notwithstanding the above, you may not:
- Modify any materials obtained from this Website, other than your Content.
- Use any illustrations, photographs, video or audio sequences or any graphics other than your provided Content, except as provided, without our prior written consent.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on the Website other than any of your provided Content, please address your request to us using the information provided at How to Contact Us.
Our website name, logo and all related names, logos, product and service names, designs and slogans are trademarks of us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans used on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate us, any of our employees, another user or any other person or entity, including, without limitation, by using e-mail addresses or account name not yours.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in activities through the Website.
- Use any robot, spider, data mining technique or other automatic device, process or means to access the Website for any purpose, including monitoring, storing, distributing or copying any of the material on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Introduce any viruses, Trojan horses, worms or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Frame portions of the Website within another website.
- Resell use of or access to the Website to any third party without our prior written consent.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
User Content; License Grant
In connection with any Content provided or submitted to us, you represent and warrant that:
- You own or control all rights in and to the Content and have the right to grant the license granted above to us and our affiliates and service providers, and our licensees, successors and assigns.
- The Content does not and will not infringe any copyright, right of publicity, or any other third-party right nor violate any law or regulation.
You understand and acknowledge that you are responsible for any Content you submit or contribute and the consequences of posting any of your Content on the Website, and you, not us, have full responsibility for such Content, including its legality, any infringement of any third party intellectual property rights created, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of the Website.
You acknowledge that we have the right to:
- Remove or refuse to post any Content for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who reasonably claims, including but not limited to the requirements of the Digital Millennium Copyright Act, that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND HOLD HARMLESS US, AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These standards apply to any and all Content submitted by you or on your behalf. Content must in their entirety comply with all applicable federal, state, local laws and regulations. Without limiting the foregoing, Content must not:
- Contain any material which is defamatory, obscene, indecent, abusive, violent, hateful, inflammatory or otherwise objectionable, including any material that is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, and/or disparages or criticizes Company or any other person or party.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Website).
- Be illegal or promote any illegal activity, or advocate, promote or assist any unlawful act.
- Promote illegal or unauthorized copying of another person’s copyrighted work or links to them or providing information to circumvent security measures.
- Contain “masked” profanity (i.e., F*@&#).
- Contain 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.
- Be inaccurate, false or misleading in any way.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Company will make all determinations as to what Content is appropriate and in compliance with its Content Standards in its sole discretion. Company may edit or remove any Content at any time without notice.
No Ideas Accepted
Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.
Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan content posted on the Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.
If you believe that any Content provided to us by others violates or infringes upon your copyrights, you may send us a notice of copyright infringement to our designated copyright agent at the address included below, in accordance with the requirements of the U.S. Digital Millennium Copyright Act (the “DMCA”), or other applicable laws. We will review and respond in a timely fashion to properly submitted notices, which must be submitted in writing and contain at a minimum:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Reliance on Information
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of information provided. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include Content provided by third parties, including other users. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other Content, other than the materials provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the Content or accuracy of any materials provided by any third parties.
Online Purchases; Third-Party Services and Content
Any purchases through our site or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by the specific terms and privacy policies controlling any such sale or transaction, as provided at the time of the transaction. Additional terms and conditions may also apply to any such transaction.
Social Media Features; Third-Party Links
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain Content on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
If our Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use and privacy statements for such websites.
The owner of the Website is based in the state of California in the United States and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Website. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Company makes no representations regarding the legality of this Website in any other country.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Disclaimers; Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL WE, OUR AFFILIATES OR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN ANY EVENT, UNDER ANY THEORY OF LIABILITY, OR IF, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON OR IF WE ARE OTHERWISE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN OUR TOTAL LIABILITY TO YOU UNDER SUCH CIRCUMSTANCES FOR ALL LIABILITIES WILL BE LIMITED TO THE AMOUNT PAID BY YOU (IF ANY) FOR ACCESSING THE SITE OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.
FOR CLARITY, THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
ANY CLAIMS ASSERTED BY YOU IN CONNECTION WITH THE SITE MUST BE ASSERTED IN WRITING TO US WITHIN ONE (1) YEAR OF THE DATE SUCH CLAIM FIRST AROSE, OR SUCH CLAIM IS FOREVER WAIVED BY YOU. EACH CLAIM SHALL BE ADJUDICATED INDIVIDUALLY, AND YOU AGREE NOT TO COMBINE YOUR CLAIM WITH THE CLAIM OF ANY THIRD PARTY.
Limitation on Time to File Claims
Waiver and Severability
Or by mail to:
Princess Jackie, Inc.
4682 Chabot Dr. #11482
Pleasanton, CA 94588-2747
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Infringement section above.