Effective Date: January 23, 2008
These Terms govern your use of www.jennyjones.com and www.jennysheroes.com (collectively, the "Sites"), which provide comprehensive, interactive websites for our users to interact with the Jenny Jones Foundation and apply to be one of Jenny's Heroes (the "Service"). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas. These Terms, together with any such additional terms and conditions, are referred to as the "Terms."
MODIFICATION OF TERMS
The Jenny Jones Foundation (the "Foundation"), as the operator of the Sites, reserves the right, in its sole discretion, to change, modify, add, or remove portions of these Terms at any time, effective immediately upon notice published on the Sites. We suggest that you check these terms periodically for changes. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by the Foundation as discussed above. If at any time these Terms are no longer acceptable to you, you should immediately cease all use of the Service.
To use certain areas of the Sites and apply to be one of Jenny's Heroes, you must first complete an Application Form available at http://www.jennysheroes.com/. When submitting an Application Form, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service's application form (such information being the "Application Data").
If you provide any information that is untrue, inaccurate, not current or incomplete, or the Foundation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Foundation has the right to refuse any and all current or future use of the Service (or any portion thereof) by you. You must review the Rules and Regulations available here prior to submitting an application to be one of Jenny's Heroes.
USE OF CONTENT
You acknowledge that the Service contains information, software, photographs, audio and video clips, graphics, links and other material (collectively, the "Content") that are the property of the Foundation or third parties who have authorized the appearance of their content on this site. U.S. and international copyright, trademark or other intellectual property laws protect all Content. All rights in Content are reserved. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use.
You may download or copy the Content, as authorized on the Sites only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of the Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express written consent of the Foundation or the owners of such Content or their authorized representatives, if other than the Foundation.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms. Content consisting of downloadable software may not be copied, adapted, modified or reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
You may post on the Service any Content owned by you (such as your original statements), Content for which you have received express permission from the owner, and Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain. You grant to the Foundation an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you place on the Service, whether through the application to be one of Jenny's Heroes or otherwise, without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
The Foundation does not and can not review all Content posted by users on the Service and is not responsible for such Content. However, The Foundation reserves the right to delete, move or edit any Content that it may determine, in its sole discretion, violates these Terms or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you. The Foundation has the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
You are solely responsible for all Content you post on the Service. You can be held legally liable for all Content you post on the Service. Without limiting the foregoing, you may be held legally accountable if any Content you post on the Service includes, for example, material protected by copyright, trademark, patent or trade secret law without the permission of the author or owner, or defamatory comments. The Foundation is not responsible for any loss of data resulting from network or system outages, file corruption or any other reasons.
RULES OF CONDUCT FOR POSTING CONTENT
You shall not post on the Service any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as Content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join competitive online services.
The Foundation does not represent or endorse the accuracy or reliability of any Content posted and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed online by users are the views of the user posting the statement, and do not represent to views of the Foundation.
The Service may contain links to sites on the Internet that are owned and operated by third parties (the "External Sites"). You acknowledge that the Foundation is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for any such external website if you have any concerns regarding such links of the content located on such external webite.
You agree to defend, indemnify and hold harmless the Foundation and its employees, officers, directors, owners, agents, information providers and licensors, to the fullest extent lawful, from and against all loss, liability, claim, damage, cost, judgment, penalty and expense (including attorneys' fees), promptly as incurred, directly or indirectly based upon, or arising out of or in connection with (1) your violation of the Terms or (2) any use or alleged use of the Service by you or any person, whether or not authorized by you. The Foundation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the Foundationís defense of such claim and to reimburse the Foundation for the costs and expenses of such defense.
TERMINATION OF SERVICE
You agree that the Foundation, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if the Foundation believes that you have violated or acted inconsistently with the Terms, or for no reason and at the Foundation's sole discretion. The Foundation reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason or no reason without prior notice or liability. The Foundation may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content, without prior notice or liability.
The Foundation also reserves the right to release current or past visitor information in the event it believes those visitors are in violation of the terms of service or page content guidelines, used to commit unlawful acts, if the information is subpoenaed and/or if the Foundation deems it necessary and/or appropriate.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that the Foundation shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
The Service and the Content are distributed on an "as is, as available" basis. Neither the Foundation nor any provider of third party content, nor any of their respective agents (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from use of the Service or the Content, (iii) makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the service, any content or any products or services sold through the service or (iv) warrants that any files available for downloading through the Service will be free of viruses or similar contamination or destructive features.
Neither the Foundation nor any third party content provider, nor any of their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Service, even if such party has been advised of the possibility of such damages.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, the liability of the Foundation, third party content providers, or their respective agents shall be limited to the greatest extent permitted by law.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures (the "JAMS Rules"). Judgment on the award may be entered in any court having jurisdiction. The location of the arbitration shall be in Los Angeles, California, and the allocation of costs and fees for such arbitration shall be determined in accordance with such JAMS Rules and shall be subject to the limitations provided for in the JAMS Rules. If such costs are determined to be excessive in a consumer dispute, the Foundation will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of you and us in connection with these Terms, shall be governed by, and construed in accordance with, the substantive laws of the State of California, without regards to California conflict of law principles. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof. The rights and obligations provided herein may not be assigned or delegated. If any inconsistency exists between the terms of these Terms and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.