Terms Of Use – JayneStars.com

JAYNESTARS TERMS OF USE

Effective Date: December 20, 2012

Welcome to JayneStars.com! The JayneStars.com domain and our affiliated websites are collectively referred to as “JayneStars”. These “Terms of Use” contain the legally binding agreement that applies to your use of all JayneStars websites or mobile applications, including those of our affiliates (“JayneStars Site(s)”), and any associated content and materials provided therein, including writing, text, emails graphics, photos, logos, icons, images, audio clips, digital downloads, data compilations and software (“JayneStars Content”) . Your use of any JayneStars Site means you automatically agree to and accept these Terms of Use. If you are not able to agree to these Terms of Use please immediately cease using all JayneStars Sites.

PRIVACY

Please also review our “Privacy Policy” located at www.jaynestars.com/privacy. Our Privacy Policy describes the way we use your information, and is in fully incorporated into and a part of these Terms of Use. Your use of any JayneStars Site means you automatically accept our Privacy Policy.

Terms and Conditions

Introduction

JayneStars Media LLC (“we” or “JayneStars”) operates JayneStars.com, and affiliated websites and mobile apps (collectively “JayneStars Websites” or “our Websites”). These terms and conditions govern your use of our Websites. You accept these terms and conditions in full by using or accessing our Websites. If you disagree with these terms and conditions or any part of these terms and conditions, you may not use or access any of the Websites. By using our Websites, you also consent to the terms of our Privacy Policy.

You may not access our Websites unless you are at least thirteen (13) years of age. By using our Websites and thereby agreeing to these terms and conditions you warrant and represent that you are at least thirteen years of age.

License to use website

Unless otherwise stated, we or our licensors exclusively own all of the intellectual property rights in our Websites and the material on our Website such as writing, text, emails, graphics, photos, logos, icons, images, audio clips, digital downloads, data compilations and software. Subject to the license below, all these intellectual property rights are reserved.

Subject to these terms and conditions, we grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Websites, provided that you cannot download (except for page caching) or modify it, or any portion of it, except with our express written consent. Furthermore, you are granted a limited, revocable, non-transferable and non-exclusive right to create a hyperlink to our Websites so long as the link does not portray us in a false, misleading or derogatory manner. You may not use any of our logos, trademarks, or copyrighted materials as part of the link without express written permission.

Our Websites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not:

republish or redistribute material from our Websites (including republication on another website);
sell, rent or sub-license material from our Websites or reproduce, duplicate, copy or otherwise exploit material on our Website for a commercial purpose;
edit or otherwise modify any material on our Websites or create any derivative works from our Websites;
use framing techniques to enclose any of our Websites, trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent;
use any meta tags or any other hidden text utilizing our name or trademarks without our express written consent; or
use data mining robots or similar data gathering and extraction tools.

Any use of any our Websites or their contents in violation of these terms of use automatically terminates the permission or license granted to you.

Your Contributions To Our Websites

You may post reviews, comments, suggestions, ideas, questions, other content or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties. User posts also may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of content. We reserve the right (but are under no obligation) to remove or edit such content at our sole discretion. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Websites.

By submitting any photo, text or other types of user content to us, you hereby grant to us and our affiliates, subsidiaries, licensees and assigns, a non-exclusive, irrevocable, perpetual and royalty-free right to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted photo, text or other content, in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition, the rights granted to us includes but is not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to other alter or make use of a submitted photo. You grant us and our affiliates and sublicensees the right to use the name and email address that you submit in connection with such photo, text or other content. You also hereby represent and warrant that the submitted photo, text or other content does not and shall not infringe on any copyright, any rights of privacy or publicity of any person, or any other right of any third party, and you have the right to grant any and all rights and licenses granted to us herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). You acknowledge and agree that we shall have no obligation to post, display or otherwise make publicly available any photo, text or other content submitted by you, and we may, in our sole discretion, remove, edit, modify or delete any photo, text or other content that you submit to any of our Websites. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. You agree to and will indemnify us and our affiliates for all claims resulting from photos, text or other user content you supply. We take no responsibility and assume no liability for any photo, text or other user content posted by you or any third party.

Copyright

The JayneStar Webites and all contents published, transmitted, or otherwise appearing therein is the sole property of JayneStars and/or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of JayneStars and protected by United States and international copyright laws.

Trademarks

Our graphics, logos, page headers, icons, scripts and service names are trademarks, or trade dress of JayneStars in the U.S. and/or foreign countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on our Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Copyright Complaints

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly respond to claims of copyright infringement committed using our Websites if such claims are reported to our Designated Copyright Agent identified below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Websites by providing a written notice that contains the following information:

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 site are covered by a single notice, a representative list of such works at that site.
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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit contacting of 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.
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.

Send the written notice to us at:

Webmaster

JayneStars Media LLC

734 Franklin Avenue, Suite 273

Garden City, NY, 11530

[email protected].

Upon receipt of the written notice, we will take whatever action we deem appropriate, including removal of the challenged content from our Websites, in our sole discretion. The information provided you provide to us in this written notice may be forwarded to the person who provided the allegedly infringing content.

No Warranties.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR WEBSITES, THEIR SERVERS, OR EMAIL SENT FROM JAYNESTARS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JAYNESTARS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Without prejudice to the generality of the foregoing paragraph, our Websites are provided “as is” without any representations or warranties, express or implied. We make no representations or warranties in relation to our Websites or the information and materials published therein. We do not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through our Websites, nor do we endorse any opinions expressed by users of our Websites. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area are the views of the user posting the statement, and do not represent our views. We do not warrant or represent that our Websites will be constantly available, or available at all; or that the information on our Websites are complete, true, accurate or non-misleading.

Nothing on our Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Exceptions

Nothing in these terms and conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit our liability in respect of any matter which it would be illegal or unlawful for us to exclude or limit, or to attempt or purport to exclude or limit, our liability.

Unenforceable provisions

If any provision of these terms and conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to our Websites, prohibiting you from accessing our Websites, blocking computers using your IP address from accessing our Websites, contacting your internet service provider to request that they block your access to our Websites and/or bringing court proceedings against you.

Variation

We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our Websites from the date of the publication of the revised terms and conditions on our Websites. Please check this page regularly to ensure you are familiar with the current version. Your continued use of our Websites will be deemed as irrevocable acceptable of any revisions. If any of the provisions of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.

Links Disclaimer

We routinely publish links to external, third party websites on our Websites. By providing links to other websites, we do not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to us. We do not operate or control and has no responsibility for the information, products and/or services found on any external third-party sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

You are responsible for your use of any external sites. You should direct any concerns regarding any external link to its site administrator or webmaster.

Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of our Websites, and supersede all previous agreements in respect of your use of our Websites.

Law and jurisdiction

You agree that any claim, action or proceeding arising out of these terms and conditions, or your use of our Websites, shall be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflict of laws, and must brought solely in a state or federal court in New York County, New York and any appellate court from any thereof. You unconditionally submit to the exclusive personal jurisdiction of such courts for any such action and waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding.

How to Contact Us

Please email us at the following address with any comments, questions or other concerns:

[email protected]

Responses