Please read the following terms of service ("Agreement") before you sign-up for the Chillyweb services. The Agreement constitutes a binding legal agreement, which governs your use of the Services via any platform or device. By installing the application, visiting our website, or installing or using any of the Services, you are accepting these terms of service. If you do not agree to these terms, please do not install our application, access our website, or use any of our products or services.
As used in this Agreement the "Services" means all products or services we provide through our application, software, or website. The Services is owned, licensed, and operated by Jukebucks (referred to herein as "we", "us", "our", or "Company"). "Services" shall mean our bookmarking service, accessible via peter@jukebucks.org or another designated website or IP address, or ancillary services rendered to you by Jukebucks, to which you are being granted access under this Agreement, including application and the content. The "Content" is audio and visual information, documents, software, products, and services contained or made available to you by us in the course of using the Service as mentioned in this Agreement. Any data, information, or material provided or submitted by you to the Service in the course of using the Service is referred to herein as "Customer Content". In this Agreement, “Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, know-how, and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world.
The visual and audio data, listing information, and other content that you choose to save may be protected by copyright and other laws. Please refer to the website you were visiting when you saved such content for copyright notices, information, and restrictions that may be applicable to such content. We respect the intellectual property of others, and we ask our users to do the same. The application and Services allow you to store and organize across devices and platforms so that you can access the information later that you had the right to access when you saved such content to us. As a condition to your use of the Services, you agree to abide by our Copyright Policy, which is set out in full below, and you further agree not to use the application and Services to infringe any intellectual property rights or to circumvent the terms and conditions of any third party’s website or content controls. We reserve the right, at any time, in our sole discretion with or without notice, to remove or disable access to content, terminate the accounts of, and block access to the application and Services to, any users who infringe any copyrights or other intellectual property rights or about whom we receive complaints of infringement or other illegal, offensive, or harassing conduct.
You may use the Services only if you can form a binding contract with Jukebucks, and only in compliance with this Agreement and all applicable laws. Any use of access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other devices. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades. We hereby grant you a non-exclusive, non-transferable, revocable right to access and use the application and Services, solely with supported browsers through the Internet for your own internal non-commercial purposes, subject to the terms and conditions of this Agreement. You may not permit the application and the Services to be used by or for the benefit of unauthorized third parties. Nothing in this Agreement shall be construed to grant you any right to transfer or assign rights to access or use the application and Services. All rights not expressly granted to you are reserved by the Company and its licensors. If you want to make commercial use of any of the applications and Services, you must enter into a separate written agreement with us in advance. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with the terms and conditions of this Agreement. You agree that, upon the termination of the License for any reason, you will destroy or permanently erase all copies of the applications and Services. We reserve the right to refuse service, terminate accounts, or limit access to the application and Services at our sole discretion.
Jukebucks alone (and its licensors, where applicable) shall own all rights, title, and interest, including all related Intellectual Property Rights, in and to the application, the Content, and the Services, and any suggestions, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, the application, or the Intellectual Property Rights owned by Jukebucks. The name, the logo, and the product names associated with the Services are trademarks of Jukebucks or third parties, and no right or license is granted to use, re-use, or re-purpose them. Except as otherwise provided in this Agreement, you retain all rights, titles, and interests to User Content.
Jukebucks's privacy policies, which are incorporated herein by reference, may be viewed at Privacy Policy.
We care about the security of our users. While we work to protect the security of your content and account, Jukebucks, cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account.
The content, products, and services available via the application and Services include materials from non-affiliated third parties. We also participate in joint marketing and other service offerings with third parties and our website contains links to third-party sites. Such third parties may provide you with an opportunity to install the application or use the Services from or through their websites or such third parties may request to access or use your user account or other information so that they can customize the services that they provide to you. For example, if you are on a third-party website, you may be provided with the opportunity to download and install the application or you may be redirected to our website or provided with access to the Services. The third parties that contract with us are independent and are not our agents. Such links are provided for your convenience only. We do not control and are not responsible for, the content of, or products or services available through, any third-party websites, including without limitation the websites that offer videos, articles, or other content that you choose to save to our Services. We are not responsible for examining or evaluating any third-party content. You understand and agree that we do not warrant and shall not be liable for any third-party materials or websites. You also agree that you will not use any third-party content or materials in a manner that would infringe or violate the rights of any other party and that we are not in any way responsible for any such use by you. If you access any third-party website, service, or content from Us, you do so at your own risk and you agree that the Company will have no liability arising from your use of or access to any third-party website, service, or content.
Our service also makes use of Microsoft Bing to provide search functionalities in our products.
Any breach of the terms of this Agreement or unauthorized use of the Services will be deemed a material breach of this Agreement.{" "} Jukebucks, in its sole discretion, may immediately terminate your password, account, or use of the Service or application if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that Jukebucks has no obligation to refund fees for service or retain the User Content, and may delete such User Content if you have materially breached this Agreement. Upon any termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from us, as well as all copies of such materials. Termination of this Agreement shall not act as a waiver of any breach of this Agreement and shall not release you from any liability for breach of your obligations under this Agreement.
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. The User further represents and warrants that its use of the Services and Chillyweb will be on a non-commercial basis and that the user will not make use of the Services or the Chillyweb in any fashion that infringes on another person’s intellectual property rights, breaches the terms of any other agreement binding the user, or otherwise breaks any applicable law.
Jukebucks takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our Service.
There are inherent risks in relying upon, using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before using the Chillyweb or any website that provides you with access to the Chillyweb.
IN NO EVENT SHALL Jukebucks'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Jukebucks AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF Jukebucks OR SUCH ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Jukebucks and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to the United States or European Union (including European Union Member States) law is prohibited.
You agree to honor copyright laws and all other applicable laws in your use of this service.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, TO THE DEGREE PERMITTED BY APPLICABLE LAW, https://www.chillyweb.org/, ITS PARENT CORPORATION (Jukebucks), AND ALL OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS OF https://www.chillyweb.org/ OR Jukebucks, FROM ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, DEBT, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) FROM: (I) YOUR USE OF TO THE SERVICE; (II) YOUR INFRINGEMENT OF THESE TERMS OF SERVICE; (III) YOUR INFRINGEMENT OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, VIOLATION OF PRIVACY RIGHTS OR PUBLICITY RIGHTS, AND ANY OTHER CAUSE OF ACTION WHETHER ARISING IN TORT OR CONTRACT, AT LAW OR IN EQUITY; OR (IV) ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO ANY PARTY UNDER ANY LEGAL OR EQUITABLE THEORY WHATSOEVER. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE SERVICE. YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS Jukebucks, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, AND LICENSEES, FROM AND AGAINST ANY JUDGEMENTS, LOSSES, DEFICIENCIES, DAMAGES, LIABILITIES, COSTS, CLAIMS, DEMANDS, SUITS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, EXPERT WITNESS FEES, AND EXPENSES) INCURRED IN, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY OF YOUR OTHER ACTS OR OMISSIONS.
This Agreement may not be assigned, in whole or part, whether by operation of law or otherwise, including without limitation in connection with a merger, acquisition, or sale of assets, by you without the prior written approval of Jukebucks. Any purported assignment in violation of this section shall be void.
This Agreement shall be governed by the law of USA, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, USA. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and{" "} Jukebucks as a result of this agreement or use of the Service. The failure of Jukebucks to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Jukebucks in writing.
Jukebucks reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, and without notice, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement comprises the entire agreement between you and{" "} Jukebucks with respect to your use of the Service and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein; provided however that users of the Professional and Personal Editions of the Service may be subject to additional terms and conditions. In the event of any conflict between this Agreement and such additional terms and conditions, the additional terms and conditions shall govern.
