Terms & Conditions LAST UPDATED: August 15, 2012
These terms and conditions (the “Terms”) govern your access to and use of the website and blog application (“Site”) owned and controlled by Jenna von Oy Enterprises, Inc., a California corporation authorized to do business in Tennessee (“Company”). By accessing or using the Site, you are agreeing to these Terms as applied to your use of the Site and entering into a legally binding contract with Company. It is important that you read carefully and understand the Terms. You may not access or use the Site in any way if you are unwilling or unable to be bound by the Terms.
Any references to “you” and “your” refer to you, as a user of the Site. References to “we”, “us” and “our” refer to Company.
Updates to the Terms & Conditions:
We may modify the Terms from time to time, at our sole discretion. When changes are made, we will notify you by making the revised version available on this portion of the Site, and we will indicate at the top of this page the date that revisions were last made. All modifications will apply prospectively only. You should revisit these Terms on a regular basis, as any and all revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of the Site after any posted modification to the Terms indicates your acceptance of the modification(s).
Use of the Site:
a) Permission to Use the Site:
We grant you permission to use, access and view the Site, subject to the restrictions in these Terms. We may terminate your permission to use the Site for any conduct that we consider to be inappropriate, or for your breach of these Terms, including the Restrictions below. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
b) Site Availability:
The Site may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice to you or liability to Company.
c) Your User Account:
You may need to register to use all or part of the Site. You acknowledge and agree that you are solely responsible for the accuracy and content of your registration and its contents. We may reject or require that you change any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential. You are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account. We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever. Furthermore, we reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security.
a) Ownership Rights:
All material and content included in or on the Site, including, but not limited to, text, data, graphics, logos, images, audio clips, video clips, links, digital downloads, data compilations, software, and the overall look and feel of the Site, is owned, controlled by, or licensed to Company and is protected by copyright, trademark, and other intellectual property rights. Material on the Site (including, but not limited to, photographs, recipes, articles, etc.) is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Company in each instance. You may download material intentionally made available for downloading for you from the Site for your personal, non- commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials. All intellectual property appearing on the Site not owned by us, if any, are the property of their respective owners. Nothing contained on the Site should be interpreted or construed as granting, by implication, estoppel, or otherwise, any license or right to use any property (including without limitation trademark or copyright property) displayed on the Site without our written permission or the third party that may own the applicable property.
b) Responsibility for Your Content:
You alone are responsible for the content of your messages, and you agree to indemnify and hold harmless Company and our agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). We reserve the right to remove any messages for any or no reason whatsoever.
c) Company’s Right to Use Your Content:
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this Site, you are granting Company a royalty-free, perpetual, non-exclusive, unrestricted, fully transferable, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing rights shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. d) Mature Content Notice:
Some of the blog entries or other material appearing on the Site may contain graphic or mature content and may describe, depict and/or discuss subjects of a mature nature, including without limitation, parenting, childbirth and labor, medical issues, breast feeding, social issues related to motherhood, consumption of alcoholic beverages, and other such adult issues, which may be offensive to you or to other Site visitors. In addition to blog posts and other discussion forums, the Site may contain visual images, diagrams, photographs, or other graphics from time to time. The inclusion of this material on the Site is only intended for people that are over the age of eighteen (18) years old, and with regard to any material specifically addressing alcohol or alcoholic beverages, for people that are over the age of twenty-one (21) years old, the legal drinking age in the United States. The Site is intended to promote and encourage discussion among adults and for general information purposes and is not intended to diagnose any problem or offer advice of any kind to any individual. By using the Site, you acknowledge and agree that the opinions expressed may not be appropriate or safe for you, that Company is not responsible for any opinions, content or materials included on the Site, and as with any legal or medical issue, it is up to you to consult with a physician or attorney for professional advice.
Restrictions and Prohibited Conduct:
The following rules, policies, and disclaimers shall apply to and/or govern your use of the Site (including, without limitation, any blog posting areas, bulletin boards, or other online services provided on this Site). Due to some mature content that may appear on the Site, you must be at least eighteen (18) years old to use this Site as of the date of use of the Site. We do not review every message or confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings and are not responsible for the content of any postings. We do not vouch for or warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Company, its labels, or any person or entity associated with Company. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately. By using this Site and participating as a user, you agree not to, and will not assist, encourage, or enable others to use the Site to:
a) Post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of anyone’s privacy, or otherwise in violation of any law;
b) Post or transmit any material in violation of a third party’s copyright or other intellectual property or proprietary rights;
c) Post or transmit any information or software that contains a virus, worm, defects, or other items of a harmful, disruptive or deleterious nature;
d) Engage in commercial activity (including, but not limited to, sales, contests or sweepstakes) without Company’s prior written consent;
e) Engage in any illegal activity (including, but not limited to, underage drinking);
f) Solicit, request or collect personal information for commercial or unlawful purposes, or solicit personal information from minors;
g) Send bulk emails, surveys, or other mass messaging whether commercial in nature or not;
h) Engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results; or
i) Impersonate any other individual or entity or misrepresent an affiliation with any person or entity.
j) Restrict or inhibit any other user from using and enjoying the Site (for examples, by means of hacking or defacement);
k) Utilize any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
l) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
m) Record, process or mine information about other users;
n) Reformat or frame any portion of the Site;
o) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Company’s technology infrastructure or otherwise make excessive traffic demands of the Site;
p) Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; q) Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
r) Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site; or
s) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site content or features that enforce limitations on the use of the Site.
The Site may include links to other companies, websites or applications (each, a “Third Party Site”). Unless otherwise noted, Company does not operate, control or endorse any information, products, or services on any Third Party Site. You agree that we are not responsible for the availability or contents of any Third Party Sites and that your use of any Third Party Site is at your own risk. You hereby acknowledge and agree that Company may accept sponsorships or endorsements of certain products and/or entities, as noted on the Site in each instance, in accordance with Company’s agreement with such third party, with no obligation whatsoever to you.
You agree to indemnify, defend and hold harmless Company and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) your use of any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Warranty, Disclaimer and Limitations of Liability:
Please read this section carefully since it limits the liability of company and its subsidiaries, affiliates, and licensors. Each of these subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.
A) THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. COMPANY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR USE OF THE SITE.
B) COMPANY DOES NOT DISPENSE MEDICAL OR LEGAL ADVICE, AND THE TEXT, ILLUSTRATIONS, PHOTOGRAPHS, ANIMATIONS AND OTHER INFORMATION ON THE SITE ARE FOR GENERAL INFORMATION PURPOSES ONLY. AS WITH ANY MEDICAL OR LEGAL ISSUE, IT IS UP TO YOU TO CONSULT A PHYSICIAN OR ATTORNEY FOR PROFESSIONAL ADVICE. YOU SHOULD NOT DISREGARD PROFESSIONAL MEDICAL OR LEGAL ADVICE BASED ON CONTENT CONTAINED ON THIS SITE, NOR SHOULD YOU RELY ON THE CONTENT OF THIS SITE IN THE PLACE OF PROFESSIONAL MEDICAL OR LEGAL ADVICE.
C) COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. COMPANY EXPRESSLY FURTHER DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY COUNSEL, ADVICE, TREATMENT, DIAGNOSIS OR ANY MEDICAL, LEGAL OR OTHER INFORMATION, SERVICES OR PRODUCTS THA TYOU OBTAIN BASED ON VIEWING THE CONTENT OF THIS SITE. THE INFORMATION ON THIS SITE SHOULD NOT BE CONSIDERED COMPLETE OR SUITABLE FOR ANY PURPOSE WHATSOEVER.
D) COMPANY, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE OR ANY THIRD PARTY SITE. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES AND/OR ANY THIRD PARTY SITE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
E) COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY THIRD PARTY SITE, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
F) COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE OR ANY THIRD PARTY SITE.
G) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING HOW OFTEN THE MATERIALS OR INFORMATION POSTED ON THE SITE WILL BE UPDATED (IF AT ALL) OR THE NUMBER OR IDENTIFICATION OF ENTITIES AND/OR INDIVIDUALS (IF ANY) THAT WILL BE FEATURED ON THE SITE.
H) COMPANY OWNS AND CONTROLS THE SITE IN FULL, AND UNDER NO CIRCUMSTANCES WILL JENNA VON OY, THE INDIVIDUAL, BE HELD
PERSONALLY LIABLE OR RESPONSIBLE FOR ANY CLAIM ARISING IN CONNECTION WITH THE SITE.
Void Where Prohibited:
Although this Site is accessible worldwide, not all products or services discussed or referenced on this Site are available to all persons or in all geographic locations. Company reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in this Site is void where prohibited.
Purchases Made from the Site:
If you wish to purchase products or services described on the Site, you may be asked to supply certain information including credit card or other payment information. By initiating a transaction you warrant and represent that you (A) are eighteen (18) years of age or older and (B) have the legal right to use the payment means you select. You agree that all information that you provide will be accurate, complete and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Company will be entitled to change the pricing and availability of any particular product(s) or service(s) without prior notice at any time. Company does not offer refunds in the event of temporary or permanent price drops following purchase at higher prices. All sales of digital content are final.
Rules for Promotions:
Choice of Law; Venue:
These Terms shall be governed by, and construed in accordance with, the laws of the State of Tennessee, exclusive of its choice of law rules. Each party submits to the exclusive jurisdiction of the state and federal courts sitting in the Davidson County in the city of Nashville, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. Each party further agrees as follows: (i) any claim brought to enforce these Terms must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
Miscellaneous & General Terms:
a) In the event that any of the provisions of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect.
b) The Terms contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject
matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
c) We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Site.
d) Any failure by Company to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
e) The Terms are not assignable, transferable or sublicensable by you except with Company’s prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms shall be void. f) The section titles in the Terms are for convenience only and have no legal or contractual effect.
We require that anyone using the Site respect the rights of all intellectual property rights if you use this Site. The Digital Millennium Copyright Act (“DMCA:) provides a mechanism for notifying service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe that a work has been copied in a way that constitutes copyright infringement, please prepare and send to us via our Copyright Agent (see below), designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), the following information:
- a) address, telephone number, and email address of the submitter;
- b) the copyrighted work that you believe has been infringed;
- c) description of where the alleged infringing material is located on the Site;
- d) a written statement by the submitter that the submitter has a good faith belief thatthe disputed use is not authorized by the copyright owner, its agent, or the law;
- e) an electronic or physical signature of the person authorized to act on behalf ofthe owner of the copyright interest; and
- f) statement by the submitter, made under penalty of perjury, that the aboveinformation in your notice is accurate and that the submitter is the copyright owner or are authorized to act on the copyright owner’s behalf.
The Company’s designated Copyright Agent may be reached at the following address: Tyler L. MIddleton, Esq., Graffam Middleton, 1200 Clinton Street, Suite 225, Nashville, TN 37208. Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA.