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Welcome to The Jones
Soda Gallery! The Jones Soda Gallery, part of JonesSoda.com, is where you the visitor can upload photos that may be used on upcoming Jones Soda Labels. Also, you will be able to share your photos by email, use them for myJones and generally have fun! But first, please read these terms and conditions. We all want to play fair! Please read these Terms and Conditions before you visit the the Jones Soda Gallery Site. You must comply with them to use the the Jones Soda Gallery Site or any of the Jones Soda Gallery Services. Terms and Conditions Before you enter the The Jones Soda Gallery site (the "Site"), or use any The Jones Soda Gallery services, it is important that you carefully review the Terms and Conditions of usage set forth below. The Terms and Conditions may be updated or changed from time to time and you should check this page periodically. By entering and using the Site, you accept these Terms and Conditions and agree to be legally bound and subject to them. Acceptance of the Terms and Conditions creates a binding legal agreement between you and The Jones Soda Gallery that you will comply with the Terms and Conditions and use the Site only in a manner that is consistent with these Terms and Conditions. Your use of the Site is conditioned on these Terms and Conditions and your compliance with them. If you do not agree to the Terms and Conditions, do not access the Site or use any of its services. 1. Who Can Be a The Jones Soda Gallery Member? The Jones Soda Gallery Membership is available to anyone who is at least 13 years of age or older who registers all required information (including an accurate, legitimate email address) and obtains a unique The Jones Soda Gallery Member Username and Password. Persons under the age of 13 cannot become a member unless they provide The Jones Soda Gallery with evidence of their parent’s or guardian’s express consent to obtain The Jones Soda Gallery Membership. 2. Can I Have More Than One Membership? Each Member is allowed to have only one Jones Soda Gallery Membership and the privileges associated with Membership. The Jones Soda Gallery allows only one member per registered legitimate email address. Membership is for personal use only and is non-transferable. 3 . What Happens if I Violate These Terms and Conditions? Members who violate the Terms and Conditions may have their membership terminated, revoked, services cancelled and their pages and materials, or portions thereof, suspended, deleted or removed without warning. The Jones Soda Gallery will not return removed materials to a member. The Jones Soda Gallery is not responsible for any loss of data resulting from removal of member material. 4. What Content or Materials Are Not Allowed on The The Jones Soda Gallery Site? The Jones Soda Gallery is committed to promoting the free-flowing exchange of graphic expression relating to Member’s interests, activities and hobbies while maintaining standards consistent with the Internet community and the societies of the world. Accordingly, no The Jones Soda Gallery Member or other user of the Site may process, digitize, post, upload, store, share or otherwise display on the The Jones Soda Gallery Site:
The Jones Soda Gallery has the sole discretion to decide whether content or material is prohibited on the Site and any materials submitted to the Site may be examined from time to time. You acknowledge that although The Jones Soda Gallery does not and cannot examine all content and material submitted or transmitted to the Site, The Jones Soda Gallery has the absolute right (but not the obligation) to delete, move and edit content and material for any reason, in any manner, at any time, without notice. You, and not The Jones Soda Gallery, are solely responsible and liable for all content posted and stored in the The Jones Soda Gallery community. You should also know that in visiting the The Jones Soda Gallery community, you may be exposed to materials you consider to be offensive and you assume responsibility for your exposure. 5. How Do the Copyright Laws Apply to Materials I Submit to The Jones Soda Gallery? When you become a The Jones Soda Gallery member, you become a participant in the The Jones Soda Gallery community. Your photographs will be viewed and made available to others in the The Jones Soda Gallery community and we may incorporate them in directories, search results or in any other places on the JonesSoda.com network. As a condition of membership, you hereby grant The Jones Soda Gallery and JonesSoda.com a perpetual, universal, nonexclusive right to copy, display, modify, alter, transmit and distribute any materials provided by you to the The Jones Soda Gallery community. You are the owner of all materials submitted by you to The Jones Soda Gallery and you represent and guarantee to The Jones Soda Gallery, as a condition of membership, that you are the legal owner of the copyright to all materials you submit to The Jones Soda Gallery or that you have permission from the copyright owner to submit the materials to The Jones Soda Gallery. 6. What Can I Do With Materials Provided By The Jones Soda Gallery? All of the material on the The Jones Soda Gallery Site and displayed in the The Jones Soda Gallery Desktop software program is protected by the copyright laws of the U. S. and other countries, both as individual works and as a collection. You are only allowed to use these materials as indicated on the The Jones Soda Gallery site; other uses are prohibited by copyright laws. All of the material contained in the The Jones Soda Gallery, the The Jones Soda Gallery Daily Photos, and the The Jones Soda Gallery Desktop software program may be viewed only on the The Jones Soda Gallery Site. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material in any format, electronic or otherwise. 7. What Do I Do If I Think There May Be a Copyright Infringement? If you believe that your material or the material of another has been wrongfully copied, The Jones Soda Gallery has a process for you to register your complaint through an email to info@jonessoda.com. In order for The Jones Soda Gallery to investigate and address your complaint, please provide The Jones Soda Gallery with all information requested. 8. How Are Copyright Infringement Claims Handled? Upon notice of a potential copyright infringement, The Jones Soda Gallery may immediately delete or suspend access to the infringing material. The Jones Soda Gallery may also provide the member who posted the allegedly infringing material with contact information for the complaining party and may ask that the member work with the complaining party to resolve the dispute. If The Jones Soda Gallery has deleted or suspended access to materials you posted on the The Jones Soda Gallery site because of a complaint that the posting infringed someone else’s copyright and you disagree and want to have the materials returned to your album, within 10 days after receiving notification that the materials have been deleted, please provide The Jones Soda Gallery with a written response (a "Response") which contains the following:
A copy of your Response, including your name and address, will be sent to the person who complained about your posting, and unless this person files a lawsuit concerning the posting within in 14 days of receiving a copy of your Response, the deleted materials will be returned to your album.
If a clear copyright, trademark, patent, publicity rights, or other infringement comes to the attention of The Jones Soda Gallery, The Jones Soda Gallery reserves the right to delete all infringing files and terminate the user’s membership without receiving a complaint from the person whose rights have been infringed. 9. What Happens if My Postings Are Repeatedly Challenged as Copyright Infringements? If your postings are repeatedly challenged as copyright infringements, The Jones Soda Gallery may be required to terminate your membership. 10. Is Information I Submit to The Jones Soda Gallery Kept Private? The Jones Soda Gallery will never release your name or other personal information without your permission unless required by law. The Jones Soda Gallery may use aggregated member information that does not identify any individual member. The Jones Soda Gallery makes every effort to maintain the security of the storage of private information, but you acknowledge that the exchange between The Jones Soda Gallery’ members and others of information such as passwords or electronic mail may not be secure. The Jones Soda Gallery encourages members to change their passwords frequently. Postings and other communications on the The Jones Soda Gallery Site are not private. For additional information, please read our "Privacy Statement" which can be accessed from the link at the bottom of the The Jones Soda Gallery home page. 11. Will I Receive Email From The Jones Soda Gallery as a Result of My Membership? The Jones Soda Gallery will not send unsolicited email. All The Jones Soda Gallery emails, including newsletters and announcements, will contain information on how to unsubscribe from that email list. In the event that you receive an email that you think is unsolicited, please follow the instructions contained in the email for letting us know and The Jones Soda Gallery will make every effort to have your email address removed from future mailings. 12. What If Materials I Submit To The Jones Soda Gallery or Use on The Site Are Lost or Corrupted? The Jones Soda Gallery urges all members to maintain backup versions of their The Jones Soda Gallery pages and materials to guard against losses of any kind. The Jones Soda Gallery is not responsible for any loss of data and/or files, nor is it required to return any data, resulting from The Jones Soda Gallery’ suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason. 13. By Becoming a The Jones Soda Gallery Member, You Agree To Indemnify The Jones Soda Gallery for Any Claims Resulting From Your Violation of These Terms and Conditions. YOU AGREE TO INDEMNIFY AND HOLD The Jones Soda Gallery, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL LOSSES, EXPENSES, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS AND CONDITIONS, YOUR USE OF THE The Jones Soda Gallery SERVICE, AND THE CONDUCT OF ANOTHER ACCESSING THE The Jones Soda Gallery SERVICE THROUGH YOUR MEMBERSHIP. 14. The Jones Soda Gallery Makes No Warranties To Its Members. The Jones Soda Gallery EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 15. Limited Liability of The Jones Soda Gallery. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT The Jones Soda Gallery WILL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOUR USE OF THE The Jones Soda Gallery SITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16. Law Governing This Agreement. This Agreement will be governed and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws provisions. By using the The Jones Soda Gallery Site you agree to personal jurisdiction of the state and federal courts of the State of Washington. 17. The Jones Soda Gallery May Amend These Terms and Conditions At Any Time. You agree that The Jones Soda Gallery reserves the right to amend these Terms and Conditions at any time, for any reason, and without notice, including the right to terminate The Jones Soda Gallery services or any part of the services. 18. This is The Entire Agreement Between You and The Jones Soda Gallery. These Terms and Conditions are the entire agreement between you and The Jones Soda Gallery and govern your use of the The Jones Soda Gallery Site and services. This agreement supersedes any prior agreements between you and The Jones Soda Gallery. The failure of The Jones Soda Gallery to enforce any right or provision of this agreement does not constitute a waiver of the right or provision. If any portion of this agreement is deemed to be invalid, the other portions of the agreement will remain in full force and effect.
We welcome you to The Jones Soda Gallery! |