Jones Soda Site Terms

USER AGREEMENT

Welcome to Jonessoda.com! PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. By using this Web site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree with these Terms of Use, please do not use this Web site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these Terms of Use periodically for changes. Your continued use of the Jonessoda.com Web site following the posting of changes to these terms, including the Jonessoda.com Privacy Policy (www.jonessoda.com/privacy-policy) will mean you accept those changes. A COPY OF THESE TERMS AND CONDITIONS OF USE MAY BE DOWNLOADED, STORED OR PRINTED.

RESTRICTIONS ON USE OF MATERIALS

This Web site is owned and operated by Jones Soda Co. (referred to as "Jones," "we," "us," or "our" herein). No material from the Jonessoda.com Web site or any Web site owned, operated, licensed, or controlled by Jones may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Jones's copyright and other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other Web site, online service or other service is prohibited. All trademarks, service marks, and trade names are proprietary to Jones Soda Co., or its affiliate.

In the event you download software from the Jonessoda.com Web site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed on a nonexclusive, nontransferable basis to you by Jones. Jones does not transfer title to the Software to you. You may own the medium on which the Software is recorded, but Jones retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

SUBMISSIONS

Jones always welcomes suggestions and comments regarding Jones's online activities from the users of our Web site. Any comments or suggestions submitted to Jones, either online or offline, will become Jones's property upon its submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by Jones's professional staff might seem to others to be similar to their own creative work. If at our request you send certain specific submissions (e.g., postings to chat rooms, bulletin or message boards, story lines for interactive stories, postings to our Gallery or games/drawings/contests) or, if you send us any unsolicited creative ideas, suggestions, photographs, notes, drawings, concepts or any other information or materials (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of Jones. None of the Submissions shall be subject to any obligation of confidence on the part of Jones, and Jones shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Jones shall exclusively own all now known or hereafter existing rights in and to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

FORUMS AND PUBLIC COMMUNICATION

"Forum" means a chat area, bulletin board, or e-mail function offered as part of the Jonessoda.com Web site. You shall not upload to, distribute through, or otherwise publish through the Jonessoda.com Web site any content that is libelous, defamatory, obscene, pornographic, threatening, racist, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law. If you do, we reserve the right to remove the postings that defame or insult anyone as well as notes that are abusive or hateful, although we have no duty to do so. In addition, we also reserve the right to remove notes that we deem, in our sole discretion, to be inappropriate, off the subject or not in English. You may not suggest or encourage illegal activity while visiting the Jonessoda.com Web site. Spamming is not permitted. Moreover, any postings that might be construed as stalking will be deleted and made available to the proper law enforcement officials.

The Forums shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other Jonessoda.com Web site users to join or become members of any commercial online service or other organization is expressly prohibited.

It is our policy to respect the privacy of all guests. Please see our privacy policy at www.jonessoda.com/privacy-policy, which discloses our information collection and use practices. We ask that our guests respect each other's privacy by not posting names, phone numbers, addresses, social security numbers, or any other private information. If you do not want the world to know something, please do not post it on the Internet in any way.

You represent to us that you own, or have the right to submit to us in accordance with this Agreement, all material that you post on our Forums. By uploading materials to any Forum or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) Jones a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called moral rights in those materials have been waived.

When you access our Web site and participate in our interactive applications, you participate at your own risk. You take responsibility for postings made under your user name. We take no responsibility for the content or opinions posted on our Web site by users accessing our Web site.

JURISDICTIONAL ISSUES

All applicable federal, state and local laws govern user access to this Web site. This Web site is controlled and operated by Jones from its offices within the State of Washington, United States of America. Jones makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access this Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All information available on the Web site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside.

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from any and all Jones Web site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Jones if in Jones's sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all materials obtained from this Web site and any and all other Jones Web site(s) and all copies thereof, whether made under this Agreement or otherwise.

You agree that Jones, in its sole discretion, may terminate your registration to the Web site (or any part thereof) or use of the Web site or any portion of the Web site, and remove and discard any Submissions, for any reason, without limitation, including if Jones believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement, including the Privacy Statement (www.jonessoda.com/privacy-policy). Jones may also in its sole discretion and at any time discontinue providing access to the Web site, or any part thereof, with or without notice. You agree that any termination of your access to the Web site under any provision of this User Agreement may be effected without prior notice, and acknowledge and agree that Jones may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Web site. Further, you agree that Jones shall not be liable to you or any third-party for any termination of your access to the Web site.

DISCLAIMER

ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN, OR AVAILABLE THROUGH THIS WEB SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JONES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. JONES DOES NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JONES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT IN THIS WEB SITE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT JONES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LINKS

Jones explicitly disclaims any responsibility for the accuracy, content, or availability of information found on Web sites that link to or from the Jonessoda.com Web site. Jones encourages discretion when browsing the Internet using our or anyone else's service. Because some Web sites employ automated search results or otherwise link you to Web sites containing information that may be deemed inappropriate or offensive, Jones cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party Web sites, and you hereby irrevocably waive any claim against us with respect to such Web sites.

Jones cannot ensure that you will be satisfied with any products or services that you purchase from a third-party Web site that links to or from the Jonessoda.com Web site, since other Web sites are owned and operated by independent third parties. Jones does not endorse any of the merchandise, nor has Jones taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party Web sites. Jones does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such Web sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JONES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JONES OR A JONES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (i) THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY MATERIALS IN THIS WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL JONES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY JONES PRODUCT.

INDEMNIFICATION

Upon a request by Jones, you agree to defend, indemnify, and hold harmless Jones and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site or from the breach of these Terms of Use by you. Jones reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Jones in asserting any available defenses.

INTERNATIONAL USE

Jones Soda makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Jones's Copyright Agent listed below. Jones respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Web site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Jones's Copyright Agent for Notice of claims of copyright infringement on its Web site is Jennifer Cue who can be reached as follows:

By mail:

Copyright Agent

c/o Jones Soda Co.

1000 1st Ave S

Seattle, Washington

United States, 98134

By phone: (206) 624-3357

By fax: (206) 624-6857

OTHER

These terms shall be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Washington and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and may be modified by Jones at any time.

 

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