Terms of Use + Privacy Policy

Jersey Koozie. ("JK") provides access to http://www.jerseykoozie.com (the "Site") free of charge to provide information about JK, our capabilities and the work we do for our clients. We welcome visitors to the Site. Your access and use of the Site is governed by the Terms and Conditions and Privacy Statement set forth below, as well as any applicable laws, statutes, and regulations. By accessing or using the Site, you agree to abide by these Terms and Conditions and the Privacy Statement. If you do not accept these terms and conditions, please leave the Site immediately.

Terms and Conditions
You access and use the Site at your own risk, JK is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the Site. All information contained, including but not limited to trademarks, service marks and logos, about JK and/or Image Designs, contained and/or presented on the Site ("Materials") are the exclusive property of JK and/or Partenrs Designers and/or its clients; such Materials are for presentation and viewing on the Site only. The Materials may not be copied, downloaded, reproduced, altered, disseminated, further distributed or transmitted incorporated into or in any way stored in any other website, electronic retrieval system, publication or any other type of work in any format (including hard form, electronic form or otherwise) without the express written permission of JK. In addition, you may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site nor may you attempt to decipher, de-compile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site. Under no circumstances may you use any Materials in any manner which may give a false or misleading impression of JK.  No License is granted to you to use any trademark of JK or its affiliated companies. Without limitation to the above, caching of the Site is permitted by an information service provider acting in the normal course of its business as provided for the Electronic Commerce (EC Directive) Regulations 2002.

JK welcomes questions or comments about JK, its affiliates, or the Site. Due to the anticipated high volume of correspondence, JK cannot guarantee that it will be able to respond to correspondence on an individual basis, but it will make every effort to do so.

It is JK's policy not to accept or consider any unsolicited ideas, suggestions or materials of any kind, whether such unsolicited ideas are delivered or forwarded by means of and/or through the Site or otherwise. Please be advised that any and all such unsolicited ideas, suggestions or other materials which are delivered or forwarded to JK will be destroyed and/or returned without consideration, notification or compensation of any kind. JK is in the business of developing ideas and creating advertising materials; any and all ideas developed and materials created by JK are independently developed and created, without consideration of or regard to unsolicited ideas, suggestions or materials submitted by third parties who are not employed by JK.

It is strictly prohibited to link other web sites with the Site without JK's prior written permission. The Site may contain links to unaffiliated, third party web sites where such third parties and JK have entered into agreements, which permit such links. JK does not permit any third party to in any way frame the Website without obtaining JK's prior written consent, no part of the Site may be reproduced in any way on any other website. JK shall, in such instances, have no liability or responsibility for the content or information, or for the collection practices contained on or used for such unaffiliated, third party web sites to which the Site is linked. The existence of a link between the Site and any other unaffiliated, third party web site is not and shall not be construed as an endorsement by JK of: (i) the owner or proprietor of the linked web site; (ii) the contents or information contained on the linked web site; or (iii) the collection practices used for the linked web site.

It is strictly prohibited to use or contact the Site to disrupt or damage the Site, its contents or its security measures, or to harass or disparage JK or its clients, or their respective employees, products, services or personnel. No unsolicited email (spam) may be directed to or through the Site. JK assumes no liability or responsibility for any material posted to the Site by anyone other than JK. If you believe that any material on the Site, whether posted by JK or by third parties, violates the copyrights or other rights of third parties, please contact us with complete details at legal question so that we can consider the facts and circumstances and make an informed decision about whether to delete such material. 

The Site and the Materials are provided for general information purposes only and whilst JK has taken every care in the preparation of and ensuring the accuracy and completeness of the Site and the materials, JK cannot guarantee that the Materials will be completely up to date and free of errors.  The Site provides details of sales prices for a number of services offered by JK. However it is important to note that the prices on the Site are not necessaily the current and correct prices of any JK services (FOR THE AVOIDANCE OF DOUBT, NOTHING IN THE MATERIALS IS INTENDED TO BIND EITHER YOU). For current, accurate and up to date prices of all JK services, please contact us.

 JK is not responsible for the timeliness, accuracy, unavailability or interruptions in availability, and/or not contain or promulgate any errors, viruses, bugs, other malicious code or harmful components and will be uninterrupted JK makes no warranty or representation that this will be the case. However it is recommended that you should virus check all materials downloaded from the Site and regularly check for the presence of errors, viruses, bugs, other malicious code and harmful components.

Personal details provided to JK through the Site will only be used in accordance with JK's Privacy Statement. Please read this carefully before proceeding. You also agree not to use the Sites or the Materials (or any part thereof) for any illegal purpose and you agree to use the Site and the Materials in accordance with all relevant laws. Use of the Site is limited to persons over the age of 18. Any and all claims arising out of or relating to use of the Site shall be governed by the laws of the State of New York, and shall be fully and finally decided by the federal or state courts, as applicable, in the State of New York. If you choose to access the Site from outside United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. JK reserves the right to make subsequent changes to, modify or withdraw (temporarily or permanently), supplement, move or delete portions of or add terms and conditions from time to time at any time with or without notice. Such variations become effective immediately upon the posting of the varied terms and conditions on the Site. By continuing to use the Site after such posting you will be deemed to accept such variations. You should visit this page periodically to review the terms and conditions because they are binding on you. If you do not agree to any changes to the terms and conditions you must immediately stop using the Site.

Licensing Your Content to JerseyKoozie.com.

In uploading any of your Content to the Web Site, you grant to JerseyKoozie.com a royalty-free, worldwide, transferable, nonexclusive, right and license in such Content, in all media existing now or created in the future: (i) to permit you to use the Custom JerseyKoozie Service to design, produce, market and sell Products, and (ii) to promote, market and advertise your Products, or the JerseyKoozie.com Service generally. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products, (ii) promotional "streams" of audio Content on the Web Site, (iii) Product or Content placement in magazines, television shows, movies and other media. JerseyKoozie.com may sublicense the rights that you grant it in this Section to a third party subcontractor. This Section only gives JerseyKoozie.com the right to use your Content for the purposes stated above, and does not give JerseyKoozie.com ownership of any of your Content.

 

Product Creation.

(a) Delivery of Content. You will upload or ship to JerseyKoozie.com all Content that you want to use with the Custom JerseyKoozie Service in accordance with the applicable instructions on the Web Site. You must also upload or ship all other Content required to package and market any of your Products, such as cover artwork, titles, and complete and accurate credits. JerseyKoozie.com may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Custom JerseyKoozie Service.

(b) Approvals and Consents. You must have all necessary approvals and consents to use all Content and you must deliver copies of those approvals and consents to JerseyKoozie.com, if JerseyKoozie.com requests them.

(c) Costs of Creation. You will be solely responsible for the creation of the electronic and digital Content that you upload or ship to JerseyKoozie.com, and will pay all costs associated with its creation and copies thereof, including, without limitation: (i) any compensation owed to third parties; (ii) payments required by any agreement between you and any labor organization (such as unions or guilds); (iii) all editing, merging, and engineering costs; and (iv) all costs of travel, per diems, facilities and equipment, and the like.

(d) Royalties. You must pay all royalties or similar payments that are or may become due to any third party, such as all payments under licenses for third-party material in your Content. For example, you must pay all mechanical copyright royalties due to the owners of any digital composition used in your Content.

(e) Unions and Guilds. You acknowledge that JerseyKoozie.com is not currently a party to any collective bargaining agreement with any union or guild and that you are solely responsible for complying with any applicable union or guild rules, including without limitation, those relating to payments.

Marketing and Advertising Your Custom JerseyKoozie.

(a) JerseyKoozie.com Marketing of Your Custom JerseyKoozie. JerseyKoozie.com reserves the right, but has no obligation, to promote your Custom JerseyKoozie or Custom JerseyKoozie Design by, for example, featuring them in JerseyKoozie.com newsletters or on the Web Site, referring users to you, or describing your Custom JerseyKoozie Design or Custom JerseyKoozie in communications with third parties.

(b) No Spam. You may not use "spam," "blast-faxes" or recorded telephone messages to market or sell koozies. You may not spam or attempt to deliberately subvert the results of the JerseyKoozie.com directory or search engine with false, misleading, or unnecessarily repetitive information.

In order to maintain a high quality network for both publishers and advertisers, JerseyKoozie.com monitors all network activity and does not accept any Promoters Affiliate whose Web site(s) or online activity does not comply with our Service Agreement and Promoters Affiliate Service Agreement. By filling out and submitting this form, you agree to all terms of the Service Agreement and Promoters Affiliate Service agreement including not to:

1. Mislead others
2. Operate or utilize a Web site or email link to Web sites that contain or promote any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or link to a Web site(s) that do so and/or
3. Engage in spamming, indiscriminate advertising or unsolicited commercial email
4. Engage in cybersquatting or typosquatting

(c) Links and/or Affiliates Codes. JerseyKoozie.com, in its sole discretion, may prohibit you from "linking" your Affiliate Code to any web sites that contain content that, if used on the JerseyKoozie.com Web Site, would violate any of JerseyKoozie.com's agreements or policies.

(d) Customer Information. JerseyKoozie.com may, from time to time, provide you with information relating to Customers that purchase Custom JerseyKoozie Design from JerseyKoozie.com. You may only use or disclose this information to a third party for your internal record keeping, to ship the Custom JerseyKoozie Design that users purchase from JerseyKoozie.com, and for marketing your Custom JerseyKoozie Design. You may not disclose any of this information to a third party or use it for any other purposes.

Compensation and Fees.

(a) Pricing Terms. You may sell Products "for-profit" using the Custom JerseyKoozie Design Service by setting the retail price for your Custom JerseyKoozie Design above the amount of the price JerseyKoozie.com assigns to each Product, subject to any additional fees, bonuses, and other terms, as set forth on the JerseyKoozie.com.

In the event that any term of this Site is held to be invalid, unlawful, void or for any reason unenforceable, that term shall be deemed several and the remainder of this Materials shall remain valid and enforceable. No waiver of any term of this Site shall be deemed a further or continuing waiver of such term or any other term. Where certain areas of the Site are subject to additional terms of use, by using such areas or any part thereof, you agree to be bound by such additional terms applicable to such areas.

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Privacy Statement
This Privacy Statement governs JK's collection and use of information and materials for and on the Site; it does not govern the offline collection and use of information and materials. We are committed to protecting your privacy and this policy informs you of our practices with respect to the collection, use, and disclosure of your personal information. The Site is not intended for use by persons under the age of 18. 

Information Collected

If you would like to receive marketing and promotional materials from us in relation to different aspects of our business, we ask you to complete a registration form on the Site.  If you do not register on the Site, this will in no way affect your use of the Site or any of its features.  If you register on the Site the registration form will ask you for contact information (such as name and email address) and preference information (in relation to what type of communications you would like to receive from us). You must provide the information in order to receive the benefits of registration.  

This Privacy Statement is in relation to the information provided on the registration form and to any other information which we may subsequently collect from you (“the Information”). You will not be able to receive any promotional materials from us without providing the Information.  If you do not register on the Site we will not collect any personal information relating to you.

If you provide us with false Information, we reserve the right to terminate your access to the Site.

Use of Information

If you have provided us with the Information and opted in to receiving our marketing and promotional materials  (including competitions and party invites) the Information will be retained (for a reasonable period) and used by us for sending you such materials.  This will include us using the Information for administering promotional campaigns, including selling or promotions to individuals by direct marketing methods.  We may contact you by email or post for these purposes.  These materials will only relate to the areas of the our business.

We will not send you information relating to any third party’s goods or services.

If you do not wish to receive marketing information as detailed above please do not opt in on the registration page.

If at any time after you have submitted the Information and opted in to have your Information used for these purposes, you no longer wish to receive marketing information please contact us as detailed below. No further action is necessary if you have already indicated to us by not opting in that you do not want to receive such marketing information.

Please note that there may be occasions where it may be reasonably necessary for us to contact you for administrative or operation reasons in relation to your registration on the Site.

Disclosure of Information to third parties

Other than as detailed above, we will not disclose the Information to any third party for any purpose without your consent unless there is an emergency situation which requires it or we are required to do so by operation of law. We reserve the right to report any activity on the Site which we suspect breaches any relevant laws or regulations to the appropriate authority. If we are requested by such authority for the Information we reserve the right to disclose it to them. We also reserve the right to reveal your identity, even if you wish to remain anonymous, to any third party if required to do so by law.

Keeping our records accurate

We aim to keep all Information we hold about you as accurate and up to date as possible. If you would like to review or change the details you have supplied us with, please contact us as set out below.

IP Address

We may use your IP address to help diagnose problems with our server, analyze trends, track users' WebPages movements, to administer our Site, to help identify you and to gather broad demographic information for aggregate use. We do not link IP addresses to personal information. 

Cookies

Parts of this Site may use standard technology called a "cookie" [to collect information about how you use the Site]. Cookies reside on your computer, and help the Site to recognize your computer's browser as a previous visitor.  In addition, the Site may also set a "session cookie" which helps us administer the Site. A session cookie expires when you close your browser, and does not retain any information about you after it expires.

We use cookies only to gather information as indicated in this policy.

Most web browsers automatically accept cookies. You may prevent the use of cookies by configuring your web browser accordingly, but please note that this may hinder some of the Site functionality. Please consult your browsers help file for more information on cookies and session cookies.

Sale or Merger

If this Site is sold to, or merges with, another company not owned by JK or declares bankruptcy, you should expect that some or all of the information collected from this Site may be transferred to the buyer/surviving company. If so, we will seek to obligate the acquiring company to use any personal information transferred by this Site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.

Your Rights

Under the Data Protection Act 1998 you are entitled on the payment of a fee, if you so request, to be given from us from a description of all contact details we hold about you. If you require any further information on this point, please contact us as detailed below.

Security

All Information will be kept as confidential and as secure as possible through the use of our secure server software. We employ appropriate technical and organizational measures consistent with standard industry practice, for information collected through the Site. This means that Information can only be exchanged between you, us and any third party who we decide to transfer the Information to for the purposes detailed above. Furthermore as required by the Data Protection Act 1998 we follow strict security procedures in the storage and disclosure of Information which you have given to us, to prevent unauthorized access.

We use industry standard practices to safeguard the confidentiality of the Information including "firewalls" and Secure Socket Layers. We treat the Information as an asset that must be protected against loss and unauthorized access and we use many different security techniques to protect the Information from unauthorized access by users inside and outside the company. (We also use internal protections to limit access to users' personal information to only those employees who need the information to perform a specific job.)   However, "perfect security" does not exist on the Internet. Data transmission over the Internet can not be guaranteed to be 100% secure. As a result, while JK is committed to protecting your Information and will use every available means to do so, we cannot ensure or guaranty the security of any information, including Information, transmitted to us.

Third Parties

We cannot be responsible for the privacy policies and practices of other Sites even if you access them using links from the Site and we recommend that you check the privacy policy of each site you visit.

Changes to this policy

We are the owner of this Site and we retain all ownership rights to the information collected at this Site. We reserve the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.

Applicable Law

This policy is governed and construed in accordance with State of  New York law. Please contact us with any questions or comments regarding the Terms and Conditions or our Privacy Statement: legal question.

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