Welcome to Jonessoda.com and thanks for your interest in our products.
Jones Soda Co. (referred to as “Jones”, “we”, “us” and “our”) owns and operates the website (jonessoda.com) (“Site”) to promote and sell its one of a kind premium soda made with pure cane sugar and known for its bold, unique flavors, colors, as well as other products made available on the Site from time to time (collectively, “Product”) and to collect and display the photographs submitted by our consumers and fans for our ever changing bottle labels .
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
2. USE OF THE SITE
If you are under 18 years of age, or the age of majority in your location, you may use the Site only with the supervision and consent of a parent or legal guardian. By using the Site you represent that you either (i) are 18 years of age, or the age of majority in your location, or older, or (ii) have received consent from your parent or legal guardian to access the Site.
A breach or violation of any of these Terms will result in termination of your right to use our Site.
3. GENERAL CONDITIONS
We reserve the right to refuse a Product to anyone for any reason at any time. You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
4. MODIFICATIONS TO THE PRODUCTS AND PRICES
Prices for the Products are subject to change without notice. We reserve the right at any time to modify or discontinue any Products without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any Product.
All Products offered for sale are subject to availability, and we reserve the right, but are not obligated, to limit the sales of Product to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of Product that we offer. All Product descriptions or pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Site is void where prohibited.
6. TERMS OF SALE
Taxes. You are responsible for any applicable sales, use, duty, customs or other governmental taxes, levies or fees (“Taxes”) due with respect to your purchase of Products through our Site. We will collect applicable Taxes if we determine we have a duty to collect Taxes. We will present an estimate of Taxes we collect at checkout, except where we have clearly stated in writing that a price includes Taxes. The actual Taxes charged may be adjusted from the amount shown at checkout. Several factors may cause this, such as variances between processor programs and changes in tax rates. We are not required to, and do not, collect Taxes in all states. You may have a duty to directly report and pay Taxes if we do not collect such Taxes.
Payment. Only valid payment methods acceptable to us may be used to complete a purchase via the Site. You represent and warrant that you are authorized to use your designated payment method. You authorize us to charge your designated payment method for the total amount of your order (including any applicable taxes and shipping and handling charges). If any of the products in your order are unavailable, we will only charge the prices, Taxes and other applicable charges associated with the products that are included in the shipment.
Shipping; Risk of Loss. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the changes applicable to you before you make your purchase. Any delivery dates or times shown as part of the checkout process are estimates only and are not guaranteed. Unless we state otherwise in writing via the Site, risk of loss or damage to a product passes to you upon delivery of the product to our designated carrier.
7. PERSONAL INFORMATION
8. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Site or provided with Product that contains typographical errors, inaccuracies, or omissions that may relate to the Product such as the descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We are not responsible for information made available on the Site that is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
We undertake no obligation to update, amend, or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
9. PROHIBITED USES
We and/or our suppliers and licensors own the Products and the Site including related data, and information relating thereto (collectively, “Our Property”), the materials, text, graphics, data, articles, photos, images, illustrations, information, and other content made available or displayed by us through the Site (collectively, “Our Materials”), and certain of the trademarks, service marks, names, and logos, including, but not limited to, JONES SODA CO. (“Marks,” and together with Our Property and Our Materials, collectively, “Content”). You agree and acknowledge that the Content is: (i) protected by copyrights, (ii) subject to other intellectual property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors. Except as expressly permitted in these Terms, Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise used in any way without our prior written permission and the prior written permission of our applicable licensors.
You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or attached to any Content, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or otherwise exploit any of the Content or other information or materials on the Site. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
Anything that you post, upload, share, store, provide, or otherwise make available through the Site is a “User Submission.” We do not guarantee any confidentiality with respect to your User Submissions, and they may be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise provide to Jones Soda. You represent that (a) all of your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit and to authorize us to exploit your User Submissions in all manners contemplated by these Terms. You waive all moral rights in User Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. No User Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Submissions.
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Site, Products, or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Jones under any fiduciary or other obligation.
You hereby grant to Jones and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and otherwise fully exploit User Submissions in connection with the Products or the Site and our (and our successors’ and assigns’) businesses, including without limitation for promoting, marketing, advertising, and redistributing part or all of the Site or Products (and derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds).
You represent, warrant, and agree that you will not post, upload, share, store, provide, or otherwise make available any User Submission, otherwise access or use the Content or Products or interact with the Site in a manner that: (a) infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of anyone else (including Jones); (b) violates any law, rules, or regulation, including, without limitation, any applicable export control laws or privacy laws; (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, tortious, obscene, indecent, pornographic, vulgar, unlawful, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual orientation or otherwise offensive or objectionable, or is for any commercial purpose or is used for any purpose not reasonably intended by Jones; (d) jeopardizes the security of your or any other Jones user’s Account (such as by allowing someone else to log in to your Account); (e) attempts, in any manner, to obtain the Jones User ID, password, Account, or other security information of or from any other Jones user or impersonates any other person, including but not limited to a Jones representative; Violates the security of any computer network, or cracks any passwords or security mechanisms or encryption codes, or introduces viruses, worms, Trojan horses, spyware, or other computer code, file, or program that is potentially harmful or invasive or intended; (f) to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; (g) runs a “Maillist,” “Listserv,” any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while you are not logged into the Site, or that otherwise interferes with the proper working of the Site (including by placing an unreasonable load on the Site’s infrastructure); (h) restricts or prohibits any other person from using the Site; (i) frames or mirrors any portion of the Site, or otherwise incorporates any portion of the Site into any product or service, without our express prior written consent; (j) removes or obscures any copyright, trademark, or other proprietary notice from the Site; (k) uses any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Jones grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Jones reserves the right to revoke such permission either generally or in specific cases, at any time and without notice; (l) systematically copies or stores any portion of the Content; (m) decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or the Site, except to the extent that such restriction is expressly prohibited by applicable law; (n) displays material that exploits children under 18 years of age or posts, collects, or discloses any personal information (including names) or private information about such children; or (o) posts or transmits any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests or any other businesses or services..
You are also responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to access or use the Site. A violation of any of the foregoing is grounds for termination of your right to use or access the Site.
Third Party Materials
Certain portions of the Site’s functionality may contain links or connections to, or otherwise make available access to, third-party websites, services, information, services, products, or other materials that are not owned or controlled by Jones (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. When you access or use any Third Party Materials, you are directing us to access, route and transmit to you the applicable Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
If there is a dispute between participants on this Site, or between users and any third party, including in connection with any Third Party Materials, you agree that Jones is under no obligation to become involved and you are solely responsible for such disputes.
Ratings and Reviews
Our Site may allow you to rate, and post reviews of, Products. Any ratings or reviews provided by you are considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by Jones, and do not represent the views of Jones or of any affiliate or partner of Jones. Jones does not assume liability for any ratings and reviews or for any claims, liabilities, or losses resulting from or relating to ratings or reviews. We reserve the right to modify, remove, or exclude any rating and/or review for any reason at any time, without notice.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Jones a written notice by mail or fax, requesting that Jones remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Jones a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to the designated Copyright Agent for Jones as follows:
c/o Jones Soda Co.
66 South Hanford St, Ste. 150
United States, 98134
by email: DMCA@jonessoda.com
In your notice, please provide our Copyright Agent the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located on the Web site;
(d) your address, telephone number, and email address;
(e) 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;
(f) 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.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of the Site will be uninterrupted, timely, secure, or error-free. We have the right to remove all or any portion of the Site for indefinite periods of time or terminate access to the Site, without notice to you.
You expressly agree that your use of or inability to use the Site is at your sole risk. The Site and any Product is provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Jones, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Site or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or Product, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. JONES CONTACT INFORMATION