The Mason Jar Cookie Company Terms and Conditions of Use
This is a fine print, legalese-beyond-belief document that our lawyers cooked up because they wanted to bill us enough for a new helicopter. Please read it carefully, but the gist of it seems to us to be:
- We own our stuff and you can't steal it.
- You own your stuff, unless you don't but have permission to use it.
- You can't use this site to be a criminal, naughty or mean.
- If you don't play nice, we can kick you to the curb. (but we'll probably be nice about it.)
- There's no contract term that says you have stay. Leave us anytime.
- There's no charge until you checkout and give us your payment information.
But when we summarize like this it drives the lawyers crazy and is actually legally meaningless, so we advise you to read it their way, if you can stay awake. If you get through it, let us know if it was a good read.
Welcome to MasonJarCookieCompany.com, operated by The Mason Jar Cookie Company, LLC., ClearMetrics Inc. and db capital holdings llc, (hereafter referred to as “MJCC” “we” or “us”).
OUR SITE CONTENT
This Site and all of its content including, but not limited to, articles, other text, photographs, concepts, processes, illustrations, graphics, product names, images, button icons, digital downloads, designs, logos, video material, audio clips, and data compilations (collectively, “the Intellectual Property”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by us or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is our exclusive property and protected by U.S. and international copyright laws. All software used on this Site is either open source, the property of commercial software suppliers, or owned by us and should be assumed to be protected by U.S. and international copyright laws. You may view, copy, download or print material appearing on this Site for use only as agreed by your license agreement with us either as incorporated herein or separately supplied to you by us and subject to the following conditions: You may not copy the content for commercial use or distribution other than as specified in your license or contract; You may not modify the content or repost the content, in its original form or with modifications to other sites without our written consent; All copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; and The copyright notice and permission notice must appear on each copy. Any other actions including, but not limited to, the copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any material or element from this Site including, but not limited to, the design or layout of this Site, individual elements of this Site's design, or our logos without our express written permission or that of the owner of the Intellectual Property is strictly prohibited. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited. Access to and use of the Site is solely for the use as delineated in these terms and condition or, additionally by separate contract made a part of same if one exists. No right, title or interest in any of the contents of the Site is transferred to you as a result of any downloading, copying, printing or other use of the Site. You accept that we have the right to change the functionality of the site, including any interface experience, including that of the mobile or smartphone Application at any time. Upgrades may or may not be offered to all users.
From time to time, we may post links to other web sites for your convenience, or you may arrive at our Site from a link posted on another web site. You acknowledge that these other sites or locations are not under our control and you agree that we will not be responsible for any information or additional links found at these other sites. We do not endorse, test or verify any information or programs found at these other sites.
Generally MJCC welcomes your comments. However, please do not send MJCC any creative ideas, original materials, or suggestions other than those we have specifically requested or that are required for your use the site. Any communication or material you transmit to us or post to the Site by electronic mail or otherwise, including any data, questions, answers, comments, suggestions, testimonials or the like will be deemed, and shall remain, the property of MJCC.
You may transmit your own content to the site by the means provided which may include directly typing into an online form, uploading by attaching files to a form, or other means provided by the software. In doing so, it is imperative that you agree to indemnify us against any misuse of another's rights, copyrights or interests in such content and deem that you are the original creator, owner or otherwise have obtained the written permission of the original creator or owner to use the content to both upload to the Site as well as to be represented in a physical, customized cookie blend or other food product. We require that you not use the Site to violate anyone’s copyright, trademark or other intellectual property rights. By submitting material to MJCC or the Site, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. You also warrant that all moral rights in any material that you submit to us have been waived. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this Agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights. In addition to any other remedies available to us, you agree to indemnify, defend, and hold MJCC and its affiliates, directors, officers, employees, and agents harmless from and against any and all claims, damages, losses or liability by any third party arising out of or associated with any material you submit to MJCC or the Site or that further is produced and is made available to others via our customized products. You will keep a copy of all content you submit to the site and we shall not be obligated to provide you with any copy of same.
Upon registration as a Member (if applicable), you will be assigned a username and password (the Elements). You are solely responsible for maintaining the confidentiality and security if these Elements and you are fully responsible for all activities on the Site that occur under your username and password. You agree to (a) immediately notify us of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit (securely logoff) from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-sign in feature if you have linked your Window's Live ID or other similar login services to your account.
Use of the Site is with the permission of MJCC, which may be revoked at any time, for any reason, at our sole discretion. You agree that the sole purpose of the MJCC site is to facilitate the creation of a customized cookie blend or other food product as represented by the site, and has no purpose beyond this facilitation.
Further, you agree not to use this Site to:
Upload, post, email or otherwise transmit any material that is unlawful, false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion) or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law;
Harm minors in any way;
Impersonate any person or entity, including, but not limited to, a director, officer, employee, shareholder, agent or representative of MJCC, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with MJCC, our affiliates or any other person or entity;
Upload, post, email or otherwise transmit any material that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email or otherwise transmit any material that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” unsolicited mass mailings, “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
Upload, post, email or otherwise transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;
“Stalk” or otherwise harass another user of the Site;
Collect or store personal data or attempt to collect or store personal data about other users of the Site;
Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
You may not include in your Member profile any telephone numbers, street addresses, last names, URLs or email addresses unless required to do so by the operating rules of the site;
or Assist or permit any person to engage in any of the activities described above. Although MJCC cannot and does not review any or all material submitted by users to the Site, MJCC reserves the right to remove any material at any time for any or no reason, in its sole discretion.
The Site is intended for individuals over the age of eighteen (13). You must be at least 13 years of age to use the Site and to register as a Member (if applicable). We operate the Site from within the United States. The content and materials on the Site are intended for United States residents. If you access the Site from outside of the United States, please keep in mind that it may not conform with the laws of your country. You may not use the Site in violation of United States export laws and regulations.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
MJCC MAKES NO REPRESENTATIONS OR WARRANTIES, WHATSOEVER, REGARDING THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. MJCC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE OR RESULTANT PRODUCT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, QUALITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, AVAILABILITY, TIMELINESS, SECURITY, NEGATIVE REVIEWS, ACCURACY OR COMPLETENESS, RESULTS, AND LACK OF NEGLIGENCE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. WE MAY DISCONTINUE THE SITE AT ANY TIME AND FOR ANY REASON OR REDUCE OR ELIMINATE SITE MAINTENANCE AS IT RELATES TO HOSTING, SOFTWARE CODE, BUG FIXES, ENHANCEMENTS OR SIMILAR.
You agree to defend, indemnify and hold MJCC and its affiliates harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which we may hereafter incur, become responsible for or pay out arising out of your use of the Site or your breach of any provision of these Terms, including those brought by parties you include, reference or are otherwise affected (or claim to be affected) by the manufacturing, assembly, distribution ornconsumption of your specific food product creation.
GOVERNING LAW AND CHOICE OF FORUM
These Terms shall be governed by and construed in accordance with the laws of the State of New York, 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 your use of the Site or these Terms will be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
You recognize and acknowledge that a breach by you of any of your obligations under the Terms will cause us irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the Site, we shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution. In addition to any other remedies available to us, if you breach any of the Terms, your right to use this Site will terminate automatically. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made in accordance with these Terms or otherwise.
The Terms embody the entire agreement and understanding between MJCC and you with respect to the subject matter of the Terms and supersedes all prior oral or written agreements and understandings relating to the subject matter of the Terms. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Terms shall affect, or be used to interpret, change or restrict, the express terms and provisions of the Terms. Any additional contract you signed with us is hereby incorporated and made a part of this agreement. In any action against us arising from the use of the Site or these Terms, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. 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. These Terms constitutes the entire agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms. These Terms will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under these Terms, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.