Terms
Dated July 1, 2010
1. ACCEPTANCE OF TERMS OF USE
Thing5 LLC. (“Jawbite”,”The Company”) owns and runs various websites, including but not limited to jawbite.com, cosacincopress.com, and thing5.com (the “Websites”), through which it offers various services and software (the Websites, services and software are referred to as the “Services”).
By accessing and using the Services, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, DO NOT USE THE SERVICES IN ANY MANNER. Jawbite reserves the right to limit or terminate your access to the Services if you do not comply with these Terms of Use.
Jawbite reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use or after our sending of notice of any changes or updated policy to you means that you have accepted those changes.
2. RESTRICTIONS ON USE OF THE SERVICES
Content You Post to the Services
You may post and share comments and content with other users through the Services. By using the Services, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
a. is harmful, threatening, abusive, harassing, tortious, vulgar, hateful, or racially, ethnically or otherwise offensive or discriminatory;
b. is obscene, pornographic, excessively violent or harmful to minors or depicts minors engaged in sexually explicit conduct or in a sexually explicit manner;
c. is illegal;
d. is tortious, defamatory, libelous or invasive of another’s privacy or publicity rights;
e. infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any party;
f. you do not have a right to make available under law or contractual or fiduciary relationships;
g. includes copyrighted materials for which you do not possess appropriate rights to so display, perform or otherwise make available;
h. bears any false, disguised or misleading origin;
i. contains software viruses or any other computer code, files or programs designed to destroy, interrupt or otherwise limit the functionality of any computer software, computer hardware or other equipment.
All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you message, upload, post, cause the display or performance of, email, transmit or otherwise make available via the Services.
Jawbite reserves the right to, but has no obligation to, monitor or screen the content transmitted through, displayed or posted through the Services and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU TRANSMIT, DISPLAY OR POST THROUGH THE SERVICES.
Prohibited Activities
You may not use the Services to do any of the following:
a. harass or advocate harassment of another person or entity;
b. perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations promulgated by governmental agencies that have the force of law;
c. provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
d. impersonate any person or entity or misrepresent in any way your affiliation with a person or entity;
e. transmit unsolicited mass mailings, “spim” or “spam;”
f. collect or store any information about other users or members, other than in the normal course of using the Services for their intended purpose of facilitating voluntary communication among users;
g. transmit any virus, worm, defect, Trojan horse or similar destructive or harmful item.
You may not do any of the following to the Services:
a. use the Services in any manner that could damage, disable, overburden, disrupt or impair the Services or any Jawbite server, or the network(s) connected to any Jawbite server, or interfere with any other party’s use and enjoyment of the Services;
b. disobey any applicable policies or regulations of networks connected to the Services;
c. modify, adapt, translate or reverse engineer the Services
d. use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
e. frame the Services or reformat them in any way; or
f. create user accounts using any automated means or under false pretenses.
Other Requirements
To the extent that you use or connect to any third party messaging services and/or content delivery systems through the Services, you agree that you will comply with all terms and conditions of use for those services, including without limitation, the proper registration for, acquisition and use of a user name and password for such system.
You understand that the Services are currently offered to the public free of charge. If you use the Services to advertise products or services in any way other than pursuant to an Advertising Agreement executed by you and Jawbite (“Unauthorized Advertising”), Jawbite reserves the right to restrict your access to the Services and to contact you about such Unauthorized Advertising. If you are so contacted and wish to continue using the Services for commercial use, you may request, or Jawbite may request that you work with Jawbite, subject to Jawbite’s approval, to execute an Advertising Agreement defining the terms and conditions under which you may advertise on the Services.
3. NO RESPONSIBILITY FOR THIRD PARTY CONTENT OR ACTIONS
You understand that the Services, act only as a conduit and technical interface between users and that Jawbite does not itself verify the qualifications of users and does not evaluate or control exchanges between users. Any opinions or statements expressed by a user are those of the user alone, and are not to be attributed to Jawbite. Jawbite cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, or legality of anything said, written, posted, displayed or otherwise made available by any user.
You understand that you may be exposed to content that you find offensive to you and that you use the Services at your own risk.
4. INTERSTATE AND INTERNATIONAL USE
You consent to the collection and processing of personal information in the United States regardless of where you are located. All users understand the potential cross-border nature of communications made using the Services and acknowledge that using the Services may result in interstate and international transmission of data.
5. LICENSE AND CONFIDENTIAL INFORMATION
By sending messages or posting information or content to the Services, including in any via Jawbite, you automatically grant, and you represent and warrant that you have the right to grant, to Jawbite an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
No information or content of any kind that you submit to Jawbite, upload, post, cause to be displayed or performed, transmit or otherwise make available using the Services shall be deemed confidential or secret information.
Notwithstanding the foregoing, Jawbite will only disclose communications or content transmitted through private chats in accordance with the Jawbite Privacy Policy.
6. COPYRIGHT AND TRADEMARKS INFORMATION
COPYRIGHT NOTICE: Copyright © 2009 – 2010 Thing5, LLC. All Rights Reserved.
“Jawbite” is a servicemark of Thing5 LLC. All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to, the following
7. PRIVACY POLICY
Jawbite respects your desire for privacy. Jawbite’s Privacy Policy can be found on jawbite.com. By using the Services, you are consenting to the terms of our Privacy Policy.
8. THIRD PARTY WEB SITES, SERVICES, AND CONTENT
The Services may contain links to third-party sites that are not under the control of Jawbite, and Jawbite is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that Jawbite endorses or accepts any responsibility for the content on any third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Jawbite is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on the Services.
In addition, links to advertising that has not been approved by Jawbite may be embedded in third party content displayed on the Services. Jawbite is not responsible for any content, cookies, or other technology used in connection with such advertising.
Provisions Relating to Third Party Services
Jawbite users can use Jawbite to log into and use their accounts with different third party services. You use of any third party service through Jawbite is subject to the terms and conditions of those services.
9. SOFTWARE DOWNLOADS
Jawbite offers you the ability to download certain software through the Services to enhance your usage of the Jawbite service. The software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors for your personal, noncommercial home use only. We do not transfer title of the Software to you. Except as permitted under applicable law, you may not distribute or otherwise exploit the Software or decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-readable form. Your usage of the Software is subject to these Terms of Use and all references to “Services” in these Terms of Use include the Software.
Jawbite may send automatic updates of the Software to the computer onto which it has been downloaded, and you consent to those updates.
The Software is subject to United States export controls. Thus, no Software may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List. By downloading any Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY; ABILITY TO CHANGE OR TERMINATE SERVICES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, THE SERVICES AND ALL INFORMATION ARE PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND AND JAWBITE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, JAWBITE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. Because some jurisdictions do not allow the exclusion of implied warranties, some of these exclusions may not apply to you. If any state or other jurisdiction does not allow the exclusion or warranties, then Jawbite’s warranties shall be limited in those jurisdictions to the extent permitted by law.
IN NO EVENT SHALL JAWBITE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES OR INFORMATION AVAILABLE FROM THE SERVICES. If any state or other jurisdiction does not allow the exclusion or limitation of liability for damages, then Jawbite’s liability shall be limited in those jurisdictions to the extent permitted by law.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Services. The Services may contain technical inaccuracies or typographical errors. Jawbite assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions on the Services.
Jawbite may terminate or make changes to all or any portion of the Services, product offerings, and any other information and materials available on or through the Services and may delete any content that has been submitted to the Services at any time and without notice or liability.
11. INDEMNITY
You agree to indemnify, defend, and hold Jawbite and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand made by any third party due to or arising out of your use of the Services, your connection to the Services, your violation of the Terms of Use or Privacy Policy, or your violation of any rights of other users of the Services. Any such indemnification shall include the payment of reasonable attorneys. fees incurred in the defense of such claim.
12. TERMINATION OF ACCESS TO JAWBITE; CONSEQUENCES OF VIOLATION OF TERMS OF USE
Jawbite reserves the right to terminate your privilege to use the Services at any time for any reason.
13. NOTICES
We may be required by state or federal law to notify you of certain events. In addition, we may need to notify you from time to time regarding changes to these Terms of Use or to the Services. You agree that such notices will be effective upon our posting them on the Site, sending them to you through email or postal mail, or notifying you via other means required by law. If you do not provide us with accurate information to contact you, we will not be held liable if we fail to notify you.
You consent to receiving any notices regarding the Terms of Service or the Privacy Policy or any notice required by law, including notice of a any breach of security involving your personally identifiable information, through email.
Any notices that we send to you by email will be sent to the email address you provided when you registered for an account or the email address in your profile.
14. GENERAL INFORMATION
The Terms of Use, the Privacy Policy and any applicable guidelines or additional terms posted on the Services constitute the entire agreement between you and Jawbite, govern your use of the Services, and supersede any prior agreements between you and Jawbite relating to your use of the Services (including, but not limited to, any prior versions of the Terms of Use or Privacy Policy). If you sign up or register for additional Jawbite services that use third-party content or third-party software, you may also be subject to additional terms and conditions that apply to such third-party content or third-party software. By accessing the Services you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of the Services, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the state and federal courts in the City and County of Santa Clara in the State of California, USA and you consent to the personal jurisdiction of those courts. The failure of Jawbite to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Terms of Use or the Privacy Policy must be filed within one (1) year after the event giving rise to such claim or cause of action or be forever barred. All headings in the Terms of Use are for convenience only and have no legal or contractual effect.
15. COMMENTS AND QUESTIONS
If you have any comments or questions you may address them to the customer service department at Jawbite via email at jawbite@thing5.com or via mail addressed to Customer Service, Thing5 LLC., 1000 West Columbus Ave., Springfield, MA 01105.