YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS MYJELLYBEAN.COM WEB SITE. Your continued use of Myjellybean.com indicates your continued acceptance of these terms and conditions.
The Myjellybean.com website (referred to herein as, "Myjellybean.com", "Site" or the "Myjellybean.com community") is owned and operated by Myjellybean Inc.. Myjellybean.com is provided free of charge to you (unless otherwise indicated) by Myjellybean Inc. Although portions of Myjellybean.com may be viewed simply by visiting the website, you will need to register as a Myjellybean.com member if you wish to participate in Myjellybean.com chat/message boards, sign up for our free email service, join our street team, and use certain other features made available through Myjellybean.com. If you use the Myjellybean.com website and/or register to become a Myjellybean.com member, these Terms of Service will govern your use of the Myjellybean.com website, and all content, services, products, and features provided in connection with Myjellybean.com. BY USING THE SITE AND ITS FEATURES, AND/OR COMPLETING THE REGISTRATION PROCESS AND SELECTING THE APPLICABLE SUBMIT OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. Myjellybean Inc. shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not register for or enter Myjellybean.com. Please note that other websites owned, controlled or operated by Myjellybean Inc. or its affiliates may be governed by a different terms of service; please see the terms of service linked to/from the home page of any such site for more information.
Myjellybean Inc. may modify the Terms of Service from time to time in its sole discretion. The Terms of Service will be available through links placed throughout Myjellybean.com. Please check the TOS from time to time before accessing Myjellybean.com features to determine whether a change has been made to these Terms of Service. You can tell when we last updated the Terms of Service by checking the "Effective Date" of the most recent version of the Terms of Service (at the top of this document). This will allow you to determine whether the terms of service has been revised since your previous visit to the Myjellybean.com site. If you do not agree to these changes in the Terms of Service as they may occur, please arrange to cancel your Myjellybean.com membership immediately by: (i) notifying Myjellybean Inc. that you are canceling your membership (to cancel your membership, email jellybe@jellybe.com) and (ii) discontinuing your use of Myjellybean.com. Your continued use of Myjellybean.com following any changes to these Terms of Service will signify your acceptance of any such changes.
From time to time Myjellybean Inc. may supplement these Terms of Service with additional terms pertaining to specific content, services, products and features ("Additional Terms"), which Additional Terms may be placed on Myjellybean.com to be viewed in connection with the specific content, services, products or features and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service.
Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of Myjellybean.com, including but not limited to any content, services, products, or features made available on or through Myjellybean.com is hereby expressly prohibited.
When you sign up to become a Myjellybean.com member, you may be required to provide the following information: your first name, e-mail address, zip code, country, birth date, nickname (user name) and password.
Any information provided by you or gathered by Myjellybean or third parties during any visit to Myjellybean.com will be subject to the terms of Myjellybean.com's Privacy Policy, which are incorporated herein by reference. Click here if you wish to read Myjellybean.com's Privacy Policy. Myjellybean Inc. reserves the right to offer services and products (from either Myjellybean Inc. or third parties) to you based on any preferences that you identify from time to time, and in accordance with the terms of the Myjellybean.com Privacy Policy.
Myjellybean Inc. reserves the right to remove you from the Myjellybean community or to suspend or terminate your access to any specific content, services, products or features if Myjellybean Inc. learns that you have provided false or misleading registration information.
Myjellybean.com is intended for site visitors aged 13 and up. Myjellybean Inc. does not encourage, solicit or permit visitors who are known to be under the age of 13 to become a registered member of or visit Myjellybean.com. If you or your child is younger than the age of 13, other sites may be more appropriate for you or your child. BY REGISTERING AS A MEMBER OR VISITING MYJELLYBEAN.COM, YOU REPRESENT TO MYJELLYBEAN INC. THAT YOU ARE 13 YEARS OF AGE OR OLDER.
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation and of Get Net wise.
Myjellybean Inc. reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service, and/or (ii) your Myjellybean.com membership and/or any other content, services, products and/or features provided to you by Myjellybean Inc.
Myjellybean Inc. may modify or discontinue Myjellybean.com, or any portion thereof or any content, services, products or features related thereto, with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
There are rules that you must follow when you visit Myjellybean.com. Please take time to read and understand these Myjellybean community rules. While we seek to monitor the Myjellybean community, we cannot discover everything that occurs in the Myjellybean community. Please help us by reporting to us any inappropriate conduct by other Myjellybean community members.
Myjellybean Inc. reserves the right to terminate your membership and/or remove you from Myjellybean.com and Myjellybean.com community as described in Section 18 below if it becomes aware and determines, in its sole discretion, that you are violating any of the following Myjellybean community rules. In addition to the community rules linked form above, the following rules apply wherever you are located on Myjellybean.com:
The Myjellybean community is intended for your personal use only. Commercial uses of Myjellybean.com are strictly prohibited unless prior written consent from Myjellybean Inc. has been granted. You agree that you will not use Myjellybean.com for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
Do not post on chat/message boards or any other place on Myjellybean.com, or send any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented (unless within the scope of the topic area of a Myjellybean.com article or discussion, as determined by Myjellybean Inc. in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on Myjellybean.com. Myjellybean Inc. reserves the right to delete any such material from Myjellybean.com. Myjellybean Inc. will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons violating or suspected of violating the Terms of Service.
Do not impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Myjellybean Inc.
We do not allow pornographic, racist, hateful or otherwise inappropriate usernames. We reserve the right to determine what is considered an inappropriate username.
Do not post or use Myjellybean.com to distribute, send or link to any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
Comply with all applicable local, state, federal or international laws or regulations in your use of Myjellybean.com, and any content, features, products and/or services made available through Myjellybean.com.
You acknowledge that: (i) Myjellybean Inc. permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"), (ii) these Rights are valid and protected in all media and technologies existing now or later developed, and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may access, display, view, store and reproduce content made available on Myjellybean.com strictly for your personal use. You may not post to the Myjellybean community, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Myjellybean Inc. or third party Rights except as set forth above. The burden of determining that any information, software, images or any other content on the Myjellybean.com is not protected by Rights rests with you. You acknowledge that Myjellybean Inc. may acquire Rights to use any posted materials as described below, and that you will not acquire any Rights simply by downloading Myjellybean Inc. or third party content made available on Myjellybean.com.
By submitting content to Myjellybean.com, including fiction stories, non-fiction articles, embarrassing moments, love dedications, poetry, artwork and other creative works submitted by you, and information provided in connection with your use of message/chat boards, requests for advice, games, quizzes, contests and other features or services, you grant Myjellybean Inc. a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content, with the right to sublicense the above rights through multiple tiers of sublicensees. If you are not the creator of such content, you also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any registered Myjellybean.com member to access, display, view, store and reproduce such content for personal use.
Any sweepstakes, contests or games that are accessible through the Site are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify Myjellybean Inc. of any unauthorized use of your password.
In the event you believe that material or content published on Myjellybean.com may infringe on your copyright or that of another, please follow the procedures outlined in our Copyright Info.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY AGREE THAT USE OF MYJELLYBEAN.COM, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, FEATURES, AND TOOLS USED AND/OR PRODUCTS OR SERVICES PURCHASED THROUGH MYJELLYBEAN.COM, IS AT YOUR SOLE RISK. MYJELLYBEAN.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MYJELLYBEAN INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.
MYJELLYBEAN INC. MAKES NO WARRANTY THAT MYJELLYBEAN.COM WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO OR USE OF MYJELLYBEAN.COM, INCLUDING BUT NOT LIMITED TO, YOUR TRANSMISSION OF MESSAGES THROUGH MESSAGING TOOLS, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT THE SERVERS ON WHICH MYJELLYBEAN.COM. IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES MYJELLYBEAN INC. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MYJELLYBEAN.COM. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MYJELLYBEAN INC. WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF MYJELLYBEAN.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MYJELLYBEAN.COM IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT MYJELLYBEAN INC. DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED BY MYJELLYBEAN INC. OR OTHER MYJELLYBEAN.COM MEMBERS IN CONNECTION WITH GMYJELLYBEAN.COM. MYJELLYBEAN INC. IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER MYJELLYBEAN.COM NOR MYJELLYBEAN.COM'S MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE MYJELLYBEAN COMMUNITY, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. MYJELLYBEAN.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
MYJELLYBEAN.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED ON MYJELLYBEAN.COM, ITS CONTENT, SERVICES, PRODUCTS OR FEATURES. YOUR PARTICIPATION IN THE MYJELLYBEAN COMMUNITY IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MYJELLYBEAN INC. OR THROUGH MYJELLYBEAN.COM, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IF MYJELLYBEAN INC. AND/OR THIRD PARTIES SEND E-MAIL MESSAGES TO YOU CONTAINING ADVERTISEMENTS AND PROMOTIONS, ETC., MYJELLYBEAN INC. MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT OF ANY SUCH E-MAIL MESSAGES OR ANY GOODS OR SERVICES WHICH MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT NEITHER MYJELLYBEAN INC. NOR SUCH THIRD PARTY SHALL HAVE ANY LIABILITY WITH RESPECT THERETO. BY PERMITTING ADVERTISING ON MYJELLYBEAN.COM, MYJELLYBEAN INC. MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENTS, AND MYJELLYBEAN INC. SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO SUCH ADVERTISEMENTS.
MYJELLYBEAN INC. IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE MYJELLYBEAN.COM. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH MYJELLYBEAN INC. MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST MYJELLYBEAN INC. WITH RESPECT TO SUCH SITES.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MYJELLYBEAN INC. SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE MYJELLYBEAN COMMUNITY OR THE MYJELLYBEAN.COM WEBSITE, OR RESULTING FROM ANY PRODUCTS, SERVICES, FEATURES, EVENTS, AND/OR CONTENT USED, PURCHASED OR OBTAINED, OR MESSAGES SENT OR RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH MYJELLYBEAN.COM, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF MYJELLYBEAN INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [IF SUCH LIMITATIONS DO NOT APPLY TO YOU, IN NO EVENT WILL MYJELLYBEAN'S LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF SERVICE EXCEED THE AMOUNT YOU HAVE PAID MYJELLYBEAN TO ACCESS THEMYJELLYBEAN.COM SITE OR TO USE SPECIFIC CONTENT, PRODUCTS, SERVICES OR FEATURES MADE AVAILABLE BY MYJELLYBEAN INC. ON MYJELLYBEAN.COM.]
Myjellybean Inc. assumes no responsibility for the deletion of or failure to store email messages.
You agree to indemnify and hold each of Myjellybean Inc., its subsidiaries, affiliates, officers, directors and employees, harmless from any claims, demands, damages, losses, costs including reasonable attorneys' fees, or other expenses due to or arising directly or indirectly out of your use of Myjellybean.com, the violation of these Terms of Service by you, or the infringement or violation by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
These Terms of Service shall be governed by and construed in accordance with the laws of the province of Ontario, without giving effect to its conflicts of laws provisions. By registering for or accessing Myjellybean.com, you consent and submit to the exclusive jurisdiction and venue of the provincial and federal courts located in the City of Toronto in the Province of Ontario.
In the event that Myjellybean Inc. determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for Myjellybean.com, Myjellybean Inc. reserves the right to (i) warn you via email (to any email address you have provided to Myjellybean Inc.) that you have violated these Terms of Service; (ii) delete any or all content provided by you to Myjellybean.com; (iii) discontinue your registration(s) with Myjellybean.com and/or any other Myjellybean Inc. community; (iv) discontinue your subscription to any product, feature, event, content, tool or service purchased through Myjellybean.com; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Myjellybean Inc. deems to be appropriate.
If your registration(s) with or ability to access the Myjellybean.com website and/or any other service, product, content, feature, event or tool provided to you by Myjellybean Inc. is discontinued by Myjellybean Inc. due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the Myjellybean community, then you agree that you shall not attempt to re-register with or access any website controlled, owned or operated by Myjellybean Inc. and/or any other service, product, content, feature, event or tool provided by Myjellybean Inc., through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those services, products, content, features, events and/or tools to which your access has been terminated. In the event that you violate the immediately preceding sentence, Myjellybean Inc. reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Myjellybean Inc. may assign its rights and obligations under these Terms of Service and upon such assignment Myjellybean Inc. may be relieved of any further obligation hereunder.
These Terms of Service and any Additional Terms posted on Myjellybean.com by Myjellybean Inc. constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of Myjellybean Inc., be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
Myjellybean Inc. reserves the right to terminate free access to Myjellybean.com or any other website controlled, owned or operated by Myjellybean Inc., including any or all content, services, products, features, events, courses or tools, with or without notice to you. Myjellybean Inc. reserves the right (at Myjellybean Inc.'s sole discretion) to provide you with notice of such change by prominently posting a notice on Myjellybean.com and/or sending written notice to you at any e-mail and/or post office address you have provided to Myjellybean Inc. Once free access is terminated, Myjellybean Inc. may charge each subscriber any applicable fee, surcharge and/or membership fee for access to Myjellybean.com and/or any for-pay services, products, content, features, events or tools made available through Myjellybean.com.