Created By Annie Jennings PR, National Publicist  

TERMS AND CONDITIONS

 

1.              General

These General Terms and Conditions of Use (“Terms”) are entered into by and between you and Annie Jennings PR USA Corp. (“AJPR,” “we,” “us,” or “our”).  This Agreement governs the relationship between AJPR and you, our site visitor (“you” or “your”), with respect to your use of the Internet sites located at www.AnnieJenningsPr.Com and www.JenningsWire.Com (together, the “Sites”) and your purchase of any of our Internet Services from the Sites (“Services”).  By visiting or using the Sites, including without limitation to (i) accessing, using and/or downloading Information, (ii) sending messages, information, data, text, software or images, or other Information to the Sites, or (iii) otherwise using, accessing or purchasing any Services, you agree to accept and abide by this Agreement.  In consideration of your use of and access to these Sites (and the promises and obligations herein, and intending to be legally bound), you and AJPR hereby agree as follows: Your access to and use of the Sites is subject to these Terms, as well as any modifications issued by AJPR to these Terms, and all applicable laws and regulations. BY USING THESE SITES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Sites. Among other things, AJPR provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them.

The information available on or through use of the Sites, including but not limited to data, text, articles, content, software, images, graphics, photographs, audio and video clips, links and references and other materials (collectively, the “Information”) is provided for informational purposes only.

 

2.              Changes in Terms

AJPR shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Sites. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to, posting the revised or additional terms and conditions on the Sites. You are responsible for reviewing the Terms periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by AJPR to these Terms. ANY ACCESS OR USE OF THE SITES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than AJPR shall be valid or enforceable against AJPR unless expressly agreed to by AJPR in a writing signed by a duly authorized officer of AJPR.

 

3.              Termination

These Terms are effective until terminated by AJPR. AJPR may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Sites and the restrictions imposed on you with respect to the Content, the Materials, the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. AJPR shall also have the right without notice and at any time to terminate the Sites or any portion thereof, or any products or services offered through AJPR or the Sites, or to terminate any individual’s right to access or use the Sites or any portion thereof.

 

4.              Compliance with Laws

You agree to comply with all applicable international laws, statutes, ordinances and regulations regarding your use of the Sites and your purchase of the products or services on the Sites.

 

5.              Content

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Sites, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. AJPR may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on AJPR in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyright, trademark, common law and other proprietary rights that are owned by AJPR or by third parties that have licensed their use to AJPR. You may view and use the Content only for your personal information and for no other purpose.  You must retain all trademark, copyright and other proprietary notices on downloaded or printed Information, and any such downloads or copies are subject to the Terms of this Agreement and shall remain the property of AJPR and/or its licensors and/or suppliers.  Except as provided in the foregoing, AJPR does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Sites, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in writing signed by AJPR, is strictly prohibited.  You acknowledge that you do not acquire any ownership rights by using the Sites or any Services or Information.  Nothing contained on the Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of AJPR’s and/or its licensors’, suppliers’ or third party owners of trademarks or copyrights without the express written permission of AJPR, our licensors or suppliers, or the third party owner of any such trademark and/or copyright.  Use of content is strictly prohibited unless authorized in writing by AJPR and requests for permission should be directed to reprint@jenningswire.com

 

6.              Creating An Account

6.1  In order to use some of the features or functionality offered at the Sites or to access some areas of the Sites, you may need to create an account with AJPR.  If and when you create an account with AJPR, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your date of birth and e-mail address, if applicable) and (b) maintain and update your information (including your e-mail address) to keep it accurate, current and complete.  You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Sites, Services and/or Information.  You understand that any information you provide will be treated by AJPR in the manner described in our Privacy Policy, which can be found at http://www.jenningswire.com/privacy-policy/.

6.2  Under some circumstances, as part of the process of creating an account, you will be asked to select a username and password.  We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is disrespectful, vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion.  You will be responsible for the confidentiality and use of your password and for all activities that are conducted through your account.  You agree not to transfer or resell your use of or access to the Sites to any third party.  If you have reason to believe that your account with us is no longer secure, you must immediately notify us by emailing us at security@jenningswire.com

 

7.         Third Party Links

The Sites contain links to other websites for your convenience.  AJPR has not fully reviewed the websites that are linked to the Sites and does not control such sites or their content.  Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked site, and AJPR disclaims all liability associated therewith.  The presence of such third party links does not indicate any approval or endorsement by AJPR of any linked website or any material contained within the third party linked website, and we disclaim any such approval or endorsement.

 

8.              Code of Conduct

You agree not to:

8.1  Engage in spamming or phishing attacks;

8.2  Transmit (a) any content or information that is unlawful, fraudulent, deceptive, threatening, abusive, vulgar, derogatory, sexist, racist, hateful, harassing, libelous, defamatory, obscene, indecent, pornographic, sexually explicit, blasphemous, harmful, invasive of the privacy rights of others, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication;

8.3  Restrict or inhibit any other visitor from using the Sites, including, without limitation, by means of “hacking” or defacing any portion of the Sites;

8.4  Express or imply that any statements you make are endorsed by us, without our prior written consent;

8.5  Upload any Materials (as defined below) that contains any virus, worm or other files, scripts or programs designed to damage or allow unauthorized access to the Services or the Sites;

8.6  Remove any copyright, trademark or other proprietary rights notices contained in or on the Information, the Sites or Services;

8.7  Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Sites or Information;

8.8  Use the Sites, Information or Services in any manner that is unlawful, including accessing the Sites, Services and/or Information from any location where such access may be illegal or otherwise prohibited;

8.9  “Frame” or “mirror” any part of the Sites without our prior written authorization;

8.10  Use any spider, site search/retrieval application, robot or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Sites or their contents;

8.11  Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Materials; and/or

8.12 Harvest or collect information about the Sites’ visitors or members without their express consent.

 

9.           Copyright Infringement Claims

Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), AJPR has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Sites (the “Designated Agent”). All such notifications relating to the Sites must be submitted in a manner consistent with the DMCA to the following Designated Agent in writing as follows:

(1) Your physical or electronic signature;

(2) Identification of the copyrighted work or works claimed to have been infringed;

(3) Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our Sites and Services;

(4) Information to permit AJPR’s agent to contact you: your address, telephone number and email address;

(5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

 

Agent Designated to Receive Notification of Claimed Infringement:

 

Annie Jennings

26 Wilshire Drive

Belle Mead, NJ  08502

908.281.6201

DMCA@jenningswire.com

 

10.           Limitation on use of the Sites

10.1 We have no obligation to monitor the Sites or any postings or other materials (such as blogs) that you or other third parties transmit or post on the Sites (the “Materials”).  You acknowledge and agree that should you decide to post Materials on our Sites you are consenting to the AJPR Blogger Contribution Agreement and Contributor Guidelines, which are incorporated herein.  You also acknowledge and agree that we have the right (but not the obligation) to monitor the Sites and the Materials you transmit or post; to alter or remove any such Materials; to disclose such Materials and the circumstances surrounding their transmission to any third party in order to operate the Sites properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.  The information and opinions posted in the Materials on the Sites are not necessarily those of AJPR or its affiliates, and AJPR makes no representations or warranties regarding such posted Materials.  We neither endorse nor are responsible for messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or forums by third parties, whether such third parties are visitors to the Sites, members of the Site or others.  We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, Materials or for any results obtained from the use of such information.  Under no circumstances will we or our suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained from the Materials through the Sites.

10.2        You represent and warrant to AJPR that (a) the Materials do not and will not infringe any rights of any third party(ies), and that the Materials do not and will not libel, defame, or invade the rights (including, without limitation, the right of privacy or publicity) of any third party(ies); (b) all obligations relating to the Materials have been satisfied, including, without limitation, those with and relating to artists and personnel, licenses, and laboratory and other contracts; (c) you have the right to enter into this Agreement and to grant the rights granted or agreed to be granted hereunder; and (d) you have made all necessary payments (and no additional payments are required to be made) to any and all guilds, unions, performing rights societies, bodies and/or groups representing actors, writers, directors, composers, musicians, artists, and other persons who participated in the production of the Materials.

10.3        By posting or submitting content on or to our Sites (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving AJPR, and its affiliates, agents and third party contractors the right to display or publish such content on our Sites and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our Sites, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, as we may determine and at our sole discretion in any medium now known or hereafter developed, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.

10.4        You grant a non-exclusive license to AJPR with regard to the Materials he/she has submitted for the term of his/her copyright, and that the Materials be used by AJPR as it may determine and at its sole discretion in any medium now known or hereafter developed.  AJPR reserves the royalty-free right to sub-license, reproduce, disclose, transmit, publish, broadcast and distribute electronically any such Material including but not limited to education, publicity and promotion.

 

11.           Disclaimers

11.1  TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW:  (A) THE SITES (INCLUDING ALL INFORMATION) AND THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) AJPR AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “AJPR’S REPRESENTATIVES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,  THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND THE SITES IS CURRENT AND/OR UP-TO-DATE.  AJPR AND AJPR’S REPRESENTATIVES DO NOT WARRANT THAT THE INFORMATION, THE SITES OR SERVICES, NOR YOUR USE OF THE FOREGOING, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE SITES OR THE SERVER(S) ON WHICH THE SITES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITES, AND ALL CHARGES RELATED THERETO.  YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES AND/OR SERVICES AND/OR INFORMATION AND YOUR RELIANCE THEREON.  NO OPINION, ADVICE OR STATEMENT OF AJPR OR ANY OF AJPR’S REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE SITES OR SERVICES OR INFORMATION SHALL CREATE ANY WARRANTY.

11.2  Some states and provinces do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on the Services or Information notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law.  You may also have other rights under applicable law which vary from state to state.

The Services are controlled and operated from its facilities in the United States.  AJPR makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

11.3  AJPR AND AJPR’S REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE SITES, SERVICES AND/OR INFORMATION.  AJPR AND AJPR’S REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO THE SITES AND/OR THE SERVICES BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, POLICE OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS AND CONDITIONS. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING THE SITES.

11.4  THROUGH YOUR USE OF THE SITES, SERVICES AND/OR INFORMATION, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. AJPR AND AJPR’S REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.

 

12.           Limitation of Liability.

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER AJPR NOR ANY OF AJPR’S REPRESENTATIVES, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITES, INFORMATION, SERVICES AND/OR ANY LINKED SITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES.  YOUR SOLE REMEDY WITH RESPECT TO THE SITES, THE INFORMATION, SERVICES, OR ANY LINKED SITE IS TO STOP USING THE SITES, SERVICE, OR LINKED SITE, AS APPLICABLE.  AJPR’S SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE SITE, INFORMATION AND/OR SERVICES, SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE SITES, INFORMATION AND/OR SERVICES.  Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

13.           Indemnification

You agree to fully indemnify, defend and hold AJPR, any of AJPR’S representatives, and their directors, officers, employees, consultants and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any Materials you transmit to the Sites infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Sites.

 

14.           Ability to Contract

You affirm that you are at least eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

 

15.           Miscellaneous

 

This agreement is governed and construed in accordance with the laws of the State of New Jersey, without giving effect to the choice-of-law rules of that State.  You agree to submit to the exclusive jurisdiction of the federal courts of New Jersey for resolution of disputes relating to or arising out of this agreement.  In the absence of federal jurisdiction, you agree to submit to the exclusive jurisdiction of the state court located in Somerset County, New Jersey, United States of America.  You agree to waive any jurisdictional, venue or inconvenient forum objections to such courts.  All disputes shall be resolved in the English language. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement 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 supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter.  This Agreement or any right, obligation or remedy hereunder is not assignable, transferable, delegatable or sublicensable by you except with AJPR’s prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void.  AJPR may assign, transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof, and the singular shall include the plural and the plural the singular.  You hereby acknowledge that you have carefully read all of the terms and conditions of AJPR’s Privacy Policy, which can be accessed by linking to http://www.jenningswire.com/privacy-policy/ and agree to all such terms and conditions.

Should you have any questions, comments or complaints regarding this Agreement or the Sites, please contact us at:

 

Annie Jennings PR USA Corp.

26 Wilshire Drive

Belle Mead, New Jersey 08502

 

Or email us at:

info@jenningswire.com