As at 14 May 2015

JERSEY GENERATOR TERMS OF SERVICE

These Terms of Service (the ‘Terms’) explain the rights and responsibilities that you have when you use the Jersey Generator product.  The Terms also cover all data, including photos, graphics, text, or other materials uploaded to, downloaded from, or created using Jersey Generator.  If you violate any of these terms or engage in any other activities that Jersey Generator deems harmful to the Jersey Generator Product or the Jersey Generator community, we may, in our sole discretion, terminate of your Jersey Generator account and you may be banned from using all Jersey Generator Products.  In using any Jersey Generator Product, you agree to follow and be bound by the Terms.   If you do not agree to be bound by all of these Terms, do not access or use the Jersey Generator Product.

Please also familiarise yourself with Jersey Generator’s Privacy Policy, which can be found at https://www.jerseygenerator.com/privacy .  The Privacy Policy explains how you can use Jersey Generator to share your digital content with others, and also discusses restrictions on how we collect and use your content and information.  Your privacy is very important to Jersey Generator, and our Privacy Policy explains the steps we take to protect your personal information.

Please note that Jersey Generator reserves the right to change the Terms at any time, immediately and without notice, without any liability to you, by updating the Terms at http://www.Jersey Generator.com/terms-of-use/.  In the event of a change, we will update the Date of Last Revision at the top of the Terms.  It is your responsibility to check the Terms of Service regularly to determine whether an update has been issued, and you will be bound the new Terms as of the effective date.  These Terms will govern any disputes arising before the effective date of the any new Terms.

  1. USER TERMS
  2. You must be 13 years or older to use Jersey Generator Products.
  3. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Jersey Generator Products.
  4. You are responsible for any activity that occurs through your account. h.      You are responsible for keeping your password secret and secure.
  5. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Jersey Generator Products, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  6. You may not use the Jersey Generator Products for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Jersey Generator Products and your Content, including but not limited to, copyright laws.
  7. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Jersey Generator users.
  8. You must not create accounts with any Jersey Generator Product through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  9. You must not attempt to restrict another user from using or enjoying the Jersey Generator Products and you must not encourage or facilitate violations of these Terms or any other Jersey Generator terms.

 

  1. CONTENT
  2. You retain your rights to any Content you submit, post or display on or through Jersey Generator products, and Jersey Generator does not claim ownership of any Content that you post on or through the Jersey Generator Products. By transmitting your Content to any computer system controlled by Jersey Generator, including but not limited uploading any Content from your computer or mobile device to Jersey Generator’s website, you grant Jersey Generator, subject to your privacy settings, a non-exclusive, worldwide, transferable, sub-licensable, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).Note that if you delete your Content from Jersey Generator, it may still be present on Jersey Generator system backups, or other computer systems controlled by Jersey Generator.  The aforementioned license will extend to any such deleted Content.
  3. All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Jersey Generator Products and we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Jersey Generator Products or obtained by you through the Jersey Generator Products is at your own risk.
  4. Jersey Generator does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Jersey Generator Products or endorse any opinions expressed via the Jersey Generator Products. You understand that by using the Jersey Generator Products, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Jersey Generator be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Jersey Generator Products or broadcast elsewhere.
  5. Jersey Generator may delete any templates, images, content or other materials relating to your use of the Jersey Generator website on Jersey Generator’s servers or otherwise in its possession and Jersey Generator will have no liability to you or any third party for doing so.
  6. GENERAL TERMS AND CONDITIONS
  7. We reserve the right to suspend, terminate, limit or alter access to the Jersey Generator Products to anyone for any reason at any time, without any liability to you.
  8. Upon termination, all licenses, if any, and other rights granted to you in these Terms will immediately cease.
  9. You are solely responsible for your interaction with other users of the Jersey Generator Products, whether online or offline. You agree that Jersey Generator is not responsible or liable for the conduct of any user. Jersey Generator reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  10. You agree that you are responsible for all data charges you incur through use of the Service.
  11. Jersey Generator retains the right to alter, supplement or discontinue any Jersey Generator Product or feature thereof, at any time, without notice.
  12. The Jersey Generator Products are supported by advertisements, which may be targeted to the Content or other information. The types and extent of advertising by Jersey Generator on the Services are subject to change without notice to you. In consideration for Jersey Generator granting you access to and use of the Jersey Generator Products, you agree that Jersey Generator and its third party providers and partners may place such advertising on the Jersey Generator Products or in connection with the display of Content or information from the Jersey Generator Products whether submitted by you or others.

 

 

  1. DISCLAIMER OF WARRANTIES

THE JERSEY GENERATOR PRODUCTS, INCLUDING, WITHOUT LIMITATION, JERSEY GENERATOR CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER JERSEY GENERATOR NOR ANY OF ITS EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “JERSEY GENERATOR PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE JERSEY GENERATOR PRODUCTS; (B) THE CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO JERSEY GENERATOR OR VIA THE JERSEY GENERATOR PRODUCTS. IN ADDITION, THE JERSEY GENERATOR PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

THE JERSEY GENERATOR PARTIES DO NOT REPRESENT OR WARRANT THAT THE JERSEY GENERATOR PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE JERSEY GENERATOR PRODUCTS, THE SERVER THAT MAKES THE JERSEY GENERATOR PRODUCTS AVAILABLE, OR ANY SITES HYPERLINKED THROUGH ANY JERSEY GENERATOR PRODUCT IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE JERSEY GENERATOR PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) PROVIDED THROUGH THE JERSEY GENERATOR PRODUCTS IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE JERSEY GENERATOR PRODUCTS IS AT YOUR SOLE RISK.  JERSEY GENERATOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JERSEY GENERATOR PRODUCTS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JERSEY GENERATOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

THE JERSEY GENERATOR PARTIES DO NOT WARRANT THAT YOUR USE OF THE JERSEY GENERATOR PRODUCTS IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE JERSEY GENERATOR PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF SERVICE.

BY ACCESSING OR USING THE JERSEY GENERATOR PRODUCTS YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE JERSEY GENERATOR PRODUCTS.

THE JERSEY GENERATOR PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

  1. LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL THE JERSEY GENERATOR PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE JERSEY GENERATOR PRODUCTS; (B) THE CONTENT; (C) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE JERSEY GENERATOR PRODUCTS; (D) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE JERSEY GENERATOR PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE JERSEY GENERATOR PRODUCTS; (E) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (F) ANY ERRORS OR OMISSIONS IN THE JERSEY GENERATOR PRODUCTS’ OPERATION; OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE JERSEY GENERATOR PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE JERSEY GENERATOR PRODUCTS). IN NO EVENT WILL THE JERSEY GENERATOR PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU WITH RESPECT TO SUCH A STATE’S LAWS. IN NO EVENT WILL THE JERSEY GENERATOR PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF JERSEY GENERATOR’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE JERSEY GENERATOR PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY THE JERSEY GENERATOR PARTIES.

BY ACCESSING THE JERSEY GENERATOR PRODUCTS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

JERSEY GENERATOR IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

6      INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Jersey Generator Products) agree to defend (at Jersey Generator’s request), indemnify and hold the Jersey Generator Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Jersey Generator Products or those conducted on your behalf): (i) your Content or your access to or use of the Jersey Generator Products; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Jersey Generator in the defense of any claim. Jersey Generator reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Jersey Generator.

 

  1. ARBITRATION

Except if you opt-out or for disputes relating to  your or Jersey Generator’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents), you agree that all disputes between you and Jersey Generator (whether or not such dispute involves a third party) with regard to your relationship with Jersey Generator, including without limitation disputes related to these Terms, your use of the Jersey Generator Products, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Jersey Generator hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Jersey Generator will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Jersey Generatoris a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Jersey Generator or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Jersey Generator.

  1. TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with Jersey Generator must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

 

  1. ENTIRE AGREEMENT

If you are using the Jersey Generator Products on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms constitute the entire agreement between you and Jersey Generator and governs your use of the Jersey Generator Products, superseding any prior agreements between you and Jersey Generator. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Jersey Generator. Any purported assignment or delegation by you without the appropriate prior written consent of Jersey Generator will be null and void. Jersey Generator may assign these Terms or any rights hereunder without your consent. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms. These Terms do not confer any third-party beneficiary rights.

 

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