Thank you for visiting our Web Site ("Site"). YOU
SHOULD READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. Your use of
this Site is governed by the following terms of use ("Terms"). If you
do not agree with all of these Terms, please refrain from using this Site. By
using this Site, you agree to comply with, and to be bound by, these Terms.
Jessica Jensen may, from time to time, change these Terms in its sole
discretion. By using this Site after any such change, you agree to comply with,
and to be bound by, the Terms as changed.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY PROTECTION
This Site as a whole, and all material on this Site, is
protected by copyright and other intellectual property rights. See separate
copyright notice for further information.
SUBMISSIONS
You agree that any and all comments, messages, postings,
data, suggestions, creative ideas, designs, concepts, product suggestions and
other items or materials disclosed, submitted or offered to Jessica Jensen
through or in connection with this Site ("Submissions"), including,
but not limited to, survey responses and photographic submissions, shall be
treated as non-confidential and not proprietary and shall become, and remain,
Jessica Jensen's property. Such disclosure, submission or offer of any Submission
shall constitute an assignment to Jessica Jensen of all rights, title and
interests in all copyrights and other rights in the Submission. Jessica Jensen
is, and shall be, under no obligation (i) to maintain any Submission in
confidence; (ii) to pay to anyone any compensation for or in connection with
the use of any Submission; or (iii) to respond to any Submission. You represent
and warrant that no Submission by you will violate any right of any third
party, including, but not limited to, copyright, trademark, patent, trade
secret, privacy or other personal or proprietary right. By making any
Submission through, in connection with or related to this Site, you agree that
Jessica Jensen has the right (but not the obligation) to copy, publish,
distribute or use such Submission, or any part or parts thereof, for any
purpose, including, but not limited to, advertising, promotional, product
development or other commercial purposes, without compensation to you or to any
other person. Jessica Jensen does not, cannot and does not agree to consider or
review every Submission, and is not liable or responsible for the content of
any material posted on this Site by users. You agree not to upload, post,
distribute or otherwise publish on this Site any material that (i) is libelous,
defamatory, obscene, abusive, pornographic, threatening or an invasion of
privacy; (ii) infringes the intellectual property rights, including, but not
limited to, any copyright, patent, trade secret or trademarks, of any person or
entity; (iii) is illegal in any way or advocates illegal activity; or (iv)
advertises or solicits funds, goods or services. You are and shall remain
solely responsible for the content of any Submission you make.
LINKS
This Site may contain links to other sites. Jessica Jensen
is not responsible for the availability of, or any content or material
contained in, or obtained through, any such sites. Any link to another site,
and reference to third-party information, products or services linked to this
Site, is not, and should not be construed as, an express or implied endorsement
by Jessica Jensen. Any questions or comments relating to such other sites
should be addressed to the operator or operators of those sites.
PRODUCTS
The Jessica Jensen products depicted in this Site are
representative of the Jessica Jensen collection. Not all Jessica Jensen
products are shown on this Site and other colors and styles may be available in
stores and not all Jessica Jensen products depicted on this Site are available
in Jessica Jensen stores. The style, designs and colors of the Jessica Jensen
and other products shown in this Site may be changed without notice and prices
are subject to change. We have made every effort to display accurately the
color of the products depicted on this Site. However, we cannot guarantee that
the actual colors displayed on your monitor are accurate.
DISCLAIMER
Material in this Site may contain inaccuracies or
typographical errors. Jessica Jensen shall not be liable or responsible for any
loss or damage caused by or arising from any user's reliance on information
obtained from or through this Site. It is your responsibility to evaluate the
information and other content available through this Site. This Site and the
information and materials contained in this Site are subject to change at any
time, and from time to time, without prior or subsequent notice.
NO WARRANTIES
This site and the contents of this site are provided on an
"as is" and "as available" basis. Jessica Jensen makes no
representations or warranties of any kind, express or implied, including, but
not limited to, warranties of title or freedom from malicious programs (such as
viruses, worms or trojan horses) or implied warranties of merchantability or
fitness for a particular purpose, with respect to this site or its contents and
expressly disclaims any representations and warranties. Jessica Jensen does not
represent or warrant that the information contained in this site is accurate,
complete or up-to-date, that this site is free of defects or that any defects
will be remedied. You agree, by using this site, that your use of this site is
at your sole risk, that you assume full responsibility for all loss of use,
loss of data and costs associated with all necessary servicing or repairs of
any equipment and/or software that you use in connection with this site, and
that Jessica Jensen shall not be responsible or liable for any damages of any
kind whatsoever arising out of, caused by or related to your use of this site.
Where applicable law does not allow the exclusion of implied warranties, some
or all of the foregoing disclaimers of warranty may not apply to you.
LIMITATION OF LIABILITY
In no event shall Jessica Jensen be liable for any actual,
direct, indirect, special, punitive, incidental, exemplary or consequential
damages, or any other damages whatsoever, even if Jessica Jensen has been
previously advised of the possibility of such damages, whether in an action
under contract, tort or under any other theory, arising out of or in connection
with the use, inability to use, or performance of the information, products and
materials on this site. Because some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, some or all
of the above limitations may not apply to you
INDEMNITY
You agree to defend, indemnify and hold harmless Jessica
Jensen, its affiliates and their officers, directors, employees and
shareholders from and against any and all claims, damages, losses, costs and
expenses, including, but not limited to, reasonable attorneys' fees and court
costs, arising from or related to your use of this Site.
TERMINATION
This Agreement is effective unless and until terminated by either you or Jessica Jensen. Termination may occur at any time. If Jessica Jensen determines, in its sole discretion, that you fail to comply with any of the terms or provisions of this Agreement, Jessica Jensen may terminate this Agreement immediately and without notice. Upon any termination of this Agreement by either you or Jessica Jensen, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.


