Last Update: July 28th 2015
We may offer services, features, or functionality that is operated by a third party and made available through our Services (including services we may offer jointly with a third party), (collectively “Third Party Services”). In the event that you use Third Party Services, the terms from each party shall govern the respective party’s relationship with you.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND MERRY JANE WILL BE RESOLVED BY MANDATORY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Below are the terms and conditions that all users must follow:
- A user must be at least 13 years of age to use the Services
- A user is responsible for keeping the user’s password secret and secure
- A user will post only public content including but not limited to, text, photos, username, graphics, or other materials (collectively, “Content”) to Services
- A user is responsible for all Content that the user posts to Services and the user’s account posts to Services
- A user must own any Content that the user posts to Services or have the rights or licenses to post any Content to Services. Any posted Content that violates, misappropriates, or infringes on the rights of any third party, including privacy rights, publicity rights, copyrights, trademarks, and/or any intellectual property rights, will be the onus and financial responsibility of the user who posted the Content.
- A user grants to MERRY JANE an irrevocable, non-exclusive, fully paid and royalty–free, transferable, sub-licensable, worldwide license to use, reproduce, adapt, edit, modify, publish, create derivative works from, distribute, promote, exhibit, and display any and all Content that user posts to Services in any and all media or distribution method, now known or later conceived or developed. MERRY JANE does not claim ownership of any Content that you post to Services.
- A user agrees that MERRY JANE is free to use any ideas, concepts, details, or techniques contained in any user Content when using Services or sent to MERRY JANE, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products or services using such Content or creating assets, articles, or advertisement based on user Content without obligation, remuneration or attribution of any kind to user or anyone else. User further perpetually and irrevocably grants MERRY JANE the unconditional right to use and exploit your name, persona and likeness included in any user Content and in connection with any user Content, without any obligation, remuneration, or attribution of any kind to user or anyone else. User further authorizes MERRY JANE to publish user Content in searchable format that may be accessed by Services, users of Services, and third parties. Except as prohibited by law, user waives any moral rights user may have in any user Content, even if such user Content is altered or changed in a manner not agreeable to user.
- A user is responsible for all activity the user has with Services and the user’s account has with Services
- A user understands that the Services are hosted in the United States and is governed by United States laws. Usage of Services means that a user outside of the United States is transferring information to the United States and that the user knowingly agrees to and understands this transfer and waives any other protections afforded to them by sharing their Content.
- A user understands that some Content on MERRY JANE is from Third Party Services and MERRY JANE is not responsible nor claims ownership of the content provided by Third Party Services including but not limited to Instagram, Twitter and other similar third parties.
- A user agrees that the user is responsible for following the laws, rules, and regulations of the jurisdiction or country that they are in and should only use Services if allowed by their jurisdiction or country.
- A user agrees that MERRY JANE is not responsible for and does not endorse any Content posted by any user. MERRY JANE does not have any obligation to prescreen, monitor, or remove any Content posted by any user.
Below are all the restrictions set for users to create a safe and enjoyable environment:
- A user must not use the Services for any illegal purpose or beyond the scope of their intended use.
- A user must not repost any posted Content to Services unless the user owns the Content or has the rights or licenses to post the Content within or outside of Services.
- A user must not post discriminatory, hateful, or adult only Content to the Services including pornographic or violent Content.
- A user must not compromise the security of the Services or solicit the accounts of other users.
- A user must not damage, disrupt, overburden, or impair any of the Services.
- A user must not use the Services in any way that could disrupt, negatively effect, or block other users from accessing or using any of the Services.
- A user must not use another user’s account.
- A user must not sell, transfer, lease, or rent out any account, including the user’s own account.
- A user must not use the Services for any unsolicited or unauthorized advertising including spam, solicitations, or promotional materials.
- A user must not use any automated means to extract data from Services, including robots, spiders, crawlers, scrapers, and unauthorized interfaces.
- A user must not impersonate any person, brand, or entity including MERRY JANE.
- A user must not misrepresent affiliation with any person, brand, or entity including MERRY JANE.
- A user must not violate the publicity, privacy, or data protection rights of others.
- A user must not receive any compensation for using Services without MERRY JANE’s prior written consent.
- A user must not develop or use any third party applications or services that interact with Content or the Services without our prior written consent.
- A user must not use the Services for any unauthorized purpose or engage in, encourage, or promote any activity that violates the Terms.
MERRY JANE may remove any user Content from Services or make any changes to Services at any time for any reason, without prior notice. It is possible that Content may not be accessible by user though Services, but still may be stored by MERRY JANE for any reason including legal obligations.
Violation of Terms may result in the termination of a user’s MERRY JANE account. It is the sole discretion of MERRY JANE to determine whether a user has violated any Terms and whether a user account will be suspended or terminated. In addition, if a user creates risk or possible legal exposure for MERRY JANE, the user’s account can also be terminated under the sole discretion of MERRY JANE. If a user account is terminated, the user loses any rights or privileges gained by being a user.
Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Services (including past, present and future versions of the Services), including, without limitation: graphics; layout; text; instructions; images; audio; videos; designs; ringtones; wallpapers; games; contests; voting; technology; applications; widgets; artwork; information; data; designs; compilations; advertising copy; logos; domain names; MERRY JANE logos, trademarks and services marks, and any other MERRY JANE product and service names that are trade identities of MERRY JANE (the "MERRY JANE Marks"); any and all copyrightable material (including source and object code); the "look and feel" of the Services; the compilation, assembly and arrangement of the Services; and all other materials related to the Services (collectively, the "Materials") are owned, controlled or licensed by MERRY JANE, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by MERRY JANE, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under these Terms are hereby reserved for MERRY JANE and/or its parent, members, managers, subsidiaries affiliates or its licensors. Nothing contained in these Terms will affect, impair, or limit in any way MERRY JANE's rights to exploit fully any or all of the Materials.
You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of MERRY JANE's rights therein. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the prior written authorization of MERRY JANE, unless and except as is expressly provided in these Terms. Any other use of the Materials or MERRY JANE Marks without the prior written authorization of MERRY JANE is strictly prohibited.
Your License To Use Services Materials
You may visit our Services without further permission from MERRY JANE and MERRY JANE grants you a limited, personal, non-exclusive, non-commercial, revocable and non-transferable license to use, download, view or play the Materials. This license is subject to your full compliance with these Terms. When you download or use Materials, you agree to and you must: (a) keep intact all copyright and other proprietary notices; (b) make no modifications to the Materials; and (c) not allow or assist any third party (whether or not for your benefit) to copy or adapt any object code associated with the Services or reverse engineer, modify or attempt to discover any code associated with the Services. You also agree that you will not, including by use any robot, scraper, or other data mining technology or process, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage or as expressly authorized by MERRY JANE).
Except as expressly set forth elsewhere in these Terms, nothing in these Terms will be interpreted to grant you, any right or license to enter into sublicenses or redistribution agreements with respect to any portion of the Materials or to otherwise rent, sell, lease, loan, transfer, assign, broadcast, upload to any computer or wireless device, sublicense, distribute or allow access to the Materials. You agree that you will not charge any person or entity to view, listen, play or otherwise access any Materials, or disseminate any Materials in any manner to the public (for free or for a fee).
Reporting Copyright And Other Intellectual Property Violation On Services
You may not use the Services for any purpose or in any manner that infringes the rights of any third party. MERRY JANE encourages you to report any content on the Services that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Services infringe your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), MERRY JANE has a designated agent for receiving notices of copyright infringement and MERRY JANE follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MERRY JANE's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) 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; and (f) 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. MERRY JANE’s copyright agent can be reached at firstname.lastname@example.org or via mail at 12530 Beatrice Street, Los Angeles, CA 90066, Attn: MERRY JANE Copyright Agent.
These Services, including, without limitation, any content provided by MERRY JANE, is provided on a “as is”, “as available”, and “with all faults” basis. To the fullest extent permissible by law, neither MERRY JANE nor any of MERRY JANE’s employees, managers, officers, contractors, or agents (collectively, the “MERRY JANE Parties”) make any representations or warranties or endorsements of any kind whatsoever, expressed or implied, as to Services and all content, whether user or MERRY JANE content, and the security of communication with Services. The MERRY JANE Parties hereby disclaim all warranties, expressed or implied, including, but not limited to, the warranties of merchantability, non-infringement, title, custom, system integration or compatibility, and freedom from computer virus.
All users must acknowledge that they use the Services at their own risk. The MERRY JANE Parties do not represent or warrant that the Services will be error-free, uninterrupted, or that the Services are free from any harmful components, including, but not limited to viruses. The MERRY JANE Parties are not responsible to fix any defects whether cosmetic or severe nor do they represent or warrant the accuracy, completeness, or usefulness of any information including but not limited to any instructions on the Services. If any of the Terms are found to be not applicable to a user due to legal jurisdiction or legal ruling, the remaining Terms will remain intact and binding. By accessing or using these Services you represent and warrant that accessing and using these Services is lawful in the jurisdiction where these activities occurred.
By using the Services, you agree to indemnify, defend, and hold harmless the MERRY JANE Parties from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including but not limited to any and all legal fees) due to or relating in any way to your use of these Services or your violation of these Terms including but not limited to posting of any content on Services which you either did not own or did not have the rights or licenses to post.
Limitation Of Liability
In no event shall MERRY JANE Parties be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages that result from the use of the Services, the inability to use the Services, the information within or related to Services including but not limited to instructions, or the actions of any users. You assume total responsibility in using the Services and the only remedy for dissatisfaction with the Services is to discontinue any usage with Services. If, notwithstanding these Terms, MERRY JANE is found liable to you for any damages or loss which arises out of or is any way related to your use of the Services or any content, MERRY JANE’s liability shall in no event exceed $1.00. In the event your jurisdiction does not allow a limitation of liability, the foregoing limitation of liability may not apply to you.
You and MERRY JANE agree to arbitrate any dispute that arises or is related to the Terms or Services, except in the case where either party seeks equitable and any relief for the alleged unlawful use of copyrights, trademarks, trade names, trade secrets, logos, or patents; and that any arbitration prevents you from suing in court or from having a jury trial. Arbitration prevents you from suing in court or from having a jury trial and the arbitration will occur in Los Angeles County, California. The arbitration will be confidentially conducted by a single arbitrator in accordance with the rules of JAMS and the state or federal courts of Los Angeles County, California shall have exclusive jurisdiction over any appeals of an arbitration award and any other suit, if any, between the parties that is not subject to arbitration. You and MERRY JANE agree that any dispute heard in arbitration or in court will not commence against the other a class action, class arbitration or representative action or proceeding.
You agree that any claim that may arise from or due to these Services must be filed within one year after such claim arose; otherwise, your claim is permanently barred. Any dispute between you and MERRY JANE will be governed by the Terms and the laws of the State of California and any applicable laws of the United States, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction.
A lawsuit, if any, by you or MERRY JANE against the other will occur in state or federal court in Los Angeles County, California. You agree that the jurisdiction and venue of these courts is exclusive.
You must agree that MERRY JANE cannot and will not be responsible for any user Content posted on the Services and users use these Services at their own risk. Users are responsible for their own Content and conduct used with these Services. By using these Services you agree that MERRY JANE is not responsible or liable for the conduct or Content of any user.
While Services may directly or indirectly offer advertisements from third parties, users expressly acknowledge and agree that MERRY JANE is in no way responsible for any offered third party services or products. User interaction and business dealings related to advertisements from third parties through Services are solely between the user and third parties.
MERRY JANE reserves the right to refuse access to Services to any user for any reason at any time.
MERRY JANE reserves the right to change account settings for any reason (i.e. changing an account’s username if the account is not authorized to use a trademarked name) at any given time.
If you are using these Services on behalf of a legal entity, you represent that you are authorized to enter in an agreement on behalf of the legal entity. You will not assign the Terms or assign any rights, responsibilities, or liabilities and any purported assignment or delegation by you without prior written consent by MERRY JANE.
MERRY JANE reserves the right to change these Terms at any time, and any updated Terms will be effective at the time of posting and will apply to the user of Services from that point forward. Your continued use of the Services following changes to our terms constitutes your acceptance of our amended terms.
If any provision of the Terms is found by a court within specific jurisdictions to be invalid or otherwise unenforceable, both you and MERRY JANE agree that such portion will be severable from the Terms and the remaining provisions of the Terms will remain in full effect and force.
Questions And Comments
If you want to contact us or have questions about the Terms or other policies and practices, please write to us at email@example.com