This site was created by Johnny Ex, Inc. ("JEI", "us", "we"
). This entire site is copyright protected Â© 2014 by JEI. All rights are reserved. In addition, certain parts of this site may also be protected by copyrights belonging to other parties.
2. Acceptance of Agreement.
You agree to the terms and conditions outlined in this TOU with respect to our Site. These TOU constitute a legally binding agreement governing your use of the Site. As set forth above, these TOU may be amended by us at any time and at any frequency without specific notice to you other than by making the changes available on the Site. You should review the TOU prior to using the Site.
3. Reliance on Information Posted.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the site, or by anyone who may be informed of any of its contents. This Site includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the JEI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the JEI. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
4. Prohibited Uses.
You may use the Site only for lawful purposes and in accordance with these TOU. You agree not to use the Site:
Additionally, you agree not to:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these TOU.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation, or comment with any kind of solicitation.
- To impersonate or attempt to impersonate the JEI, a JEI employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us, or users of the Site or expose them to liability.
5. User Contributions.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, social media sharing icons and software, including but not limited to Facebook, Twitter, YouTube, Google+, Instagram and Love Claw and other interactive and social features (collectively, "Interactive Services
") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post
") content or materials (collectively, "User Contributions
") on or through the Site.
All User Contributions must comply with the Content Standards set out in these TOU.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. (ii) All of your User Contributions do and will comply with these TOU.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not JEI, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
6. Monitoring and Enforcement; Termination.
We have the right to (but not the obligation):
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS JEI AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JEI AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER JEI, SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
7. Content Standards:
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
9. Deleting and Modification.
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site.
You agree to indemnify and hold JEI, and its subsidiaries, affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the TOU, or your violation of any rights of another.
THE CONTENT, SERVICES, FREE PRODUCT SAMPLES AND FREEBIE OFFERS FROM OR LISTED THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY WEBSITE WITH WHICH IT IS LINKED. THE INFORMATION AND SERVICES AVAILABLE ON OR THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE RELATED TO THE SITE OR MADE AVAILABLE BY THE SITE.
12. Limitation of Liability.
IN PARTICULAR, BUT NOT AS A LIMITATION, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF MONEY, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU THE USER. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. THE INFORMATION AND ALL OTHER MATERIALS ON THE SITE ARE PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION AVAILABLE ON THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED.
13. Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TOU OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You use the Site at your own risk. All responsibility or liability for any damages caused by viruses or malware or similar devices contained within the Site, or any electronic file containing any such harmful code is disclaimed.
15. Third-Party Website.
16. Third-Party Products and Services.
On the Site, we advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other website linked to or from our Site.
All suggestions, ideas, notes, concepts and other information you may send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to you, the provider, of the Submissions.
You agree that all actions or proceedings arising directly or indirectly out of this TOU, or your use of the Site or any sample products, freebie offers or services obtained by you through such use, shall be brought exclusively in Charleston County, South Carolina or the United States District Court for the District of South Carolina. You are expressly submitting and consenting in advance to such jurisdiction in any action or proceeding in any of such courts, and are waiving any claim that South Carolina or the District of South Carolina is an inconvenient forum or an improper forum based on lack of venue. This site is controlled by Johnny Ex, Inc. in the State of South Carolina, USA. As such, the laws of South Carolina will govern your use of the Site and these TOU, without giving effect to any principles of conflicts of laws.
19. Repeat Infringer Policy.
In accordance with the DMCA and other applicable law, JEI has adopted a policy of terminating, in appropriate circumstances and at JEI's sole discretion, users of the Site who are deemed to be repeat infringers. JEI may also at its sole discretion limit a user's access to the Site who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
20. Thank you for visiting the Site.