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Terms Of Use

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.

LICENSE AND JAYNESTARS SITE ACCESS

Subject to these Terms of Use, JayneStars grants you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of the JayneStars Sites and JayneStars Content, provided that you cannot download (except for page caching) or modify it, or any portion of it, except with express written consent of JayneStars.  Further you are granted a limited, revocable, non-transferable and non-exclusive right to create a hyperlink to the JayneStars Site(s) so long as the link does not portray JayneStars in a false, misleading or derogatory manner. You may not use any JayneStars logos, other proprietary graphics or trademarks as part of the link without express written permission.

This license does not include the right to (i) any resale, copying or commercial use of any JayneStars Site or JayneStars Content (ii) any derivative use of any JayneStars Site or JayneStars Content (iii) any downloading or copying of account information for the benefit of another merchant, or (iv) any use of data mining, robots, or similar data gathering and extraction tools. The JayneStars Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of JayneStars.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of JayneStars without JayneStars’ express written consent. You may not use any meta tags or any other hidden text utilizing JayneStars’ name or trademarks without the express written consent of JayneStars. Any use of any JayneStars Site or JayneStars content in violation of these Terms of Use automatically terminates the permission or license granted by JayneStars.

CONTRIBUTIONS TO JAYNESTARS

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. JayneStars reserves the right (but is not obligated) to remove or edit such content at its sole discretion, but does not regularly review or monitor content posted by JayneStars Site users.

By submitting any photo, text or other content to JayneStars, you hereby grant to JayneStars and its 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 JayneStars 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 JayneStars and its affiliates and sublicensees the right to use the name and email address that you submit in connection with such photo, text or other content.

By submitting any photo, text or other content to JayneStars, you 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 JayneStars herein, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances. You acknowledge and agree that JayneStars shall have no obligation to post, display or otherwise make publicly available any photo, text or other content submitted by you, and may, in its sole discretion, remove, edit, modify or delete any photo, text or other content that you submit to any JayneStars Site.

You agree to and will indemnify JayneStars or its affiliates for all claims resulting from photos, text or other content you supply.  JayneStars takes no responsibility and assumes no liability for any photo, text or other content posted by you or any third party.

COPYRIGHT

All JayneStar Content is the sole property of JayneStars and/or its content suppliers 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

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

COPYRIGHT COMPLAINTS

Pursuant to the United States Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”), JayneStars has designated an agent to receive notices of claimed copyright infringement. If you believe content has been used on a JayneStars in a manner that constitutes copyright infringement, please notify our designated agent at:

Webmaster
JayneStars Media LLC
734 Franklin Avenue, Suite 273
Garden City, NY, 11530

Or

[email protected]

To file a copyright infringement notification with JayneStars, send a written communication that includes substantially the following (please consult legal counsel or see Section 512(c)(3) of the DMCAto confirm these requirements):

  • 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 notification, 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.

The information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

ALL JAYNESTARS SITES ARE PROVIDED BY JAYNESTARS ON AN “AS IS” AND “AS AVAILABLE” BASIS. JAYNESTARS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE JAYNESTARS SITE OR THE JAYNESTARS CONTENT POSTED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF ALL JAYNESTARS SITES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, JAYNESTARS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JAYNESTARS DOES NOT WARRANT THAT THE JAYNESTARS SITES, 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 JAYNESTARS SITES, 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.

NO ENDORSEMENTS

JayneStars does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through JayneStar Sites, nor does JayneStars endorse any opinions expressed by users of the JayneStars Sites. 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 the views of JayneStars.

EXTERNAL LINKS DISCLAIMER

JayneStars routinely contains links to external, third party websites. By providing links to other websites, JayneStars does 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 JayneStars.

JayneStars does not operate or control and has no responsibility for the information, products and/or services found on any external 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.

Visitors to JayneStars Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

APPLICABLE LAW AND DISPUTES

You agree that any claim, action or proceeding arising out of these Terms of Use, or your use of the JayneStars Sites, shall be governed by and construed in accordance with the substantive 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.

MODIFICATION AND SEVERABILITY

We reserve the right to make changes to the JayneStars Sites and these Terms of Use at any time. Your continued use of any JayneStars Site will be deemed as irrevocable acceptable of any revisions. If any of the provisions of these Terms of Use 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.

HOW TO CONTACT US

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

[email protected]

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