Conditioned upon your acceptance of these Terms, Jellysmack hereby grants you permission to access and use the Site as set forth in these Terms. If you do not agree with these Terms, do not use the Site.
You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmation, representations, and warranties set forth herein, and to abide by and comply with these Terms. Should you access and/or use the Site on behalf of another legal entity, you hereby represent and warrant that you have the legal authority, actual or implied, to bind that entity to these Terms.
THE JELLYSMACK WEBSITE
The Jellysmack Site includes the Jellysmack family of websites. The “Jellsymack Site” shall be defined as the set of web-based publications carrying the Jellysmack imprimatur and web pages, features, and services available on the jellysmack.com root domain. The Site also includes the contact form at https://jellysmack.com/getintouch/. The Site, including without limitation, the text, graphics, logos, icons, images, and videos and the selection and arrangement thereof, in addition to any along with any enhancements to or derivative works thereof (the “Site Content”) is the exclusive property of Jellysmack or its licensors and, to the extent applicable, is protected by U.S. and international copyright laws. Neither the Site Content nor functionality of the Site, may be copied, reproduced, modified, reverse engineered, altered (including the removal or disabling of any security or technological safeguards, disclaimers, or legends) uploaded, published, uploaded, posted, transmitted, or distributed in any way without our written permission, except for those uses specified in Section 3 – Use of Site. All rights not expressly granted are reserved. Changes to the Site may be made at any time without prior notice to you.
USE OF SITE
Jellysmack hereby grants you a limited, non-exclusive, non-transferable, revocable license for the term hereof to access the Site provided that you do not modify or otherwise make any derivative uses of the Site in any way, use of any data mining, robots or similar data gathering or extraction methods; do not download (other than the page caching) any portion of the Site or any information contained therein, except as expressly permitted herein by Jellysmack; do not use the Site other than for its intended purpose and that you otherwise comply with these Terms. You may not otherwise reproduce, modify, reverse engineer, distribute, transmit, post, or disclose the Site without Jellysmack’s prior written consent. In addition, you may not “mirror” the Site or the Site Content or any portion thereof without Jellysmack’s express written consent. Nothing on this Site should be construed as granting directly or indirectly, or by implication any license or right to use any Jellysmack intellectual property other than as expressly set forth herein. The license granted in this section terminates automatically and immediately if you do not comply with these Terms.
You acknowledge and agree that Jellysmack may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or its Visitors generally at any time at Jellysmack’s sole discretion, without prior notice to you. You may stop using or accessing the Site at any time and do not need to expressly inform Jellysmack when you stop using or accessing the Site.
All content and functionality on the Site is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Further, Jellysmack makes no warranties or representations about the accuracy or completeness of this Site, the Site Content, or the content of any website linked to this Site.
The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
GENERAL DISCLAIMERS AND LIMITATION OF LIABILITY
The content and functionality on the Site are provided with the understanding that you shall remain solely responsible for your use of the Site and all Site Content and acknowledge that any reliance upon the Site Content shall be entirely at your sole option and risk. Jellysmack shall not be liable for any indirect, incidental, consequential, or punitive damages or losses or for lost revenues or profits, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
You hereby indemnify, defend, and hold harmless Jellysmack and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and attorneys and their respective heirs, successors, and assigns (“Jellysmack Indemnified Parties”) from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by Jellysmack and/or Jellysmack Indemnified Parties in connection to any claims arising out of: (i) your use and access of the Site; (ii) your infringement of any third party’s intellectual property rights; and/or (iii) any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jellysmack without restriction.
GOVERNING LAW AND JURISDICTION
By using the Site, you agree to comply with all applicable laws and regulations, including but not limited to, privacy laws, copyright laws and other laws regarding intellectual property. These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. Any dispute arising from, relating to or in any manner connected with these Terms shall be litigated in the applicable state or federal courts of the State of New York, to the personal jurisdiction of which you hereby consent. You agree that any cause of action against Jellysmack arising out of or related to the Site and/or the Site Content must commence within one (1) year after the cause of action accrues.
Last Updated: 13 September, 2022