READING AND ACCEPTING THE
TERMS OF USE AND READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY
POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR THE WEBSITE
GRANTING YOU THE RIGHT TO VISIT, READ OR INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE UNLESS THEY
READ AND ACCEPT THE TERMS OF USE AND THE PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR INTERACTING WITH THIS
WEBSITE OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON
IT, YOU ARE AGREEING TO ALL THE PROVISIONS OF THIS TERMS OF USE
POLICY AND THE PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO
THIS WEBSITE. IF YOU ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR
YOU TO VISIT, READ, OR INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN
ANY MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO ANY
INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY ACT (COPA) OF
1998, AS MAY BE AMMENDED FROM TIME TO TIME.
THIS WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY
PERSON OR VIEWER FOR ANY REASON. UNDER THE TERMS OF THE PRIVACY
POLICY, WHICH YOU ACCEPT AS A CONDITION FOR VIEWING, THE WEBSITE IS
ALLOWED TO COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF
EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO
TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF THE
CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO KEEP
THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS OF USE AGREEMENT
Visitors, viewers, users, subscribers, members,
affiliates, or customers, collectively referred to herein as
"Visitors," are parties to this agreement. The website and its
owners and/or operators are parties to this agreement, herein
referred to as "Website."
REFUND POLICY
No refunds will be given once a charity has been selected by a visitor.
Once payment is made, Website incurs cost for payment processing, bandwidth, and donation committed to a charity.
DONATIONS
Visitors agree that money paid to play Website's games or take Website's quizzes will be donated to the charity selected by that Visitor minus the cost of collection and production (i.e. fee charged for payment processing, prorated cost of web hosting, bandwidth, administration, etc.). Donations are distributed to charities semi-annually. If less than $500 has been credited to a charity, then that donation will be made in December of the year donations were credited to their account.
USE OF INFORMATION FROM THIS WEBSITE
Unless you have entered into an express written
contract with this website to the contrary, visitors, viewers,
subscribers, members, affiliates, or customers have no right to use
this information in a commercial or public setting; they have no
right to broadcast it, copy it, save it, print it, sell it, or
publish any portions of the content of this website. By viewing the
contents of this website you agree to this condition of viewing and
you acknowledge that any unauthorized use is unlawful and may
subject you to civil or criminal penalties. Again, Visitor has no
rights whatsoever to use the content of, or portions thereof,
including its databases, invisible pages, linked pages, underlying
code, or other intellectual property the site may contain, for any
reason for any use whatsoever. Nothing. Visitor agrees to liquidated
damages in the amount of U.S.$100,000 in addition to costs and
actual damages for breach of this provision. Visitor warrants that
he or she understands that accepting this provision is a condition
of viewing and that viewing constitutes acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH
CONTENTS OF THIS WEBSITE
The website and its contents are owned or licensed by
the website. Material contained on the website must be presumed to
be proprietary and copyrighted. Visitors have no rights whatsoever
in the site content. Use of website content for any reason is
unlawful unless it is done with express contract or permission of
the website.
HYPERLINKING TO SITE, CO-BRANDING, "FRAMING" AND
REFERENCING SITE PROHIBITED
Unless expressly authorized by website, no one may
hyperlink this site, or portions thereof, (including, but not
limited to, logotypes, trademarks, branding or copyrighted material)
to theirs for any reason. Further, you are not allowed to reference
the url (website address) of this website in any commercial or
non-commercial media without express permission, nor are you allowed
to 'frame' the site. You specifically agree to cooperate with the
Website to remove or de-activate any such activities and be liable
for all damages. You hereby agree to liquidated damages of
US$100,000.00 plus costs and actual damages for violating this
provision.
DISCLAIMER FOR CONTENTS OF SITE
The website disclaims any responsibility for the
accuracy of the content of this website. Visitors assume all risk of
viewing, reading, using, or relying upon this information. Unless
you have otherwise formed an express contract to the contrary with
the website, you have no right to rely on any information contained
herein as accurate. The website makes no such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER OR
SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. VISITOR
ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.
The website assumes no responsibility for damage to
computers or software of the visitor or any person the visitor
subsequently communicates with from corrupting code or data that is
inadvertently passed to the visitor's computer. Again, visitor views
and interacts with this site, or banners or pop-ups or advertising
displayed thereon, at his own risk.
DISCLAIMER FOR HARM CAUSED BY DOWNLOADS
Visitor downloads information from this site at this
own risk. Website makes no warranty that downloads are free of
corrupting computer codes, including, but not limited to, viruses
and worms.
LIMITATION OF LIABILITY
By viewing, using, or interacting in any manner with
this site, including banners, advertising, or pop-ups, downloads,
and as a condition of the website to allow his lawful viewing,
Visitor forever waives all right to claims of damage of any and all
description based on any causal factor resulting in any possible
harm, no matter how heinous or extensive, whether physical or
emotional, foreseeable or unforeseeable, whether personal or
business in nature.
INDEMNIFICATION
Visitor agrees that in the event he causes damage,
which the Website is required to pay for, the Visitor, as a
condition of viewing, promises to reimburse the Website for all.
SUBMISSIONS
Visitor agrees as a condition of viewing, that any
communication between Visitor and Website is deemed a Submission.
All Submissions, including portions thereof, graphics contained
thereon, or any of the content of the submission, shall become the
exclusive property of the Website and may be used, without further
permission, for commercial use without additional consideration of
any kind. Visitor agrees to only communicate that information to the
Website, which it wishes to forever allow the Website to use in any
manner as it sees fit. "Submissions" is also a provision of the
Privacy Policy.
NOTICE
No additional notice of any kind for any reason is due
Visitor and Visitor expressly warrants an understanding that the
right to notice is waived as a condition for permission to view or
interact with the website.
DISPUTES
As part of the consideration that the Website requires
for viewing, using or interacting with this website, Visitor agrees
to use binding arbitration for any claim, dispute, or controversy
("CLAIM") of any kind (whether in contract, tort or otherwise)
arising out of or relating to this purchase, and / or this product,
including solicitation issues, privacy issues, and terms of use
issues.
Arbitration shall be conducted pursuant to the rules
of the American Arbitration Association which are in effect on the
date a dispute is submitted to the American Arbitration Association.
Information about the American Arbitration Association, its rules,
and its forms are available from the American Arbitration
Association, 335 Madison Avenue, Floor 10, New York, New York,
10017-4605. Hearing will take place in the city or county of the
Seller.
In no case shall the Visitor have the right to go to
court or have a jury trial. Visitor will not have the right to
engage in pre-trial discovery except as provided in the rules. You
will not have the right to participate as a representative or member
of any class of claimants pertaining to any claim subject to
arbitration. The arbitrator's decision will be final and binding
with limited rights of appeal.
The prevailing party shall be reimbursed by the other
party for any and all costs associated with the dispute arbitration,
including attorney fees, collection fees, investigation fees, and
travel expenses.
JURISDICTION AND VENUE
If any matter concerning this purchase shall be
brought before a court of law, pre- or post-arbitration, Visitor
agrees that the sole and proper jurisdiction is Jeffersonville, Clark County, Indiana USA.
In the event that litigation is in a federal court, the proper court
shall be New Albany, Floyd County, Indiana USA.
APPLICABLE LAW
Visitor agrees that the applicable law to be applied
shall, in all cases, be that of the state of the Website Owner.
CONTACT INFORMATION
Jesters, Inc.
PO Box 40
Otisco, IN 47163
email address: admin@jestersinc.com