Understanding your rights and responsibilities as a FriendJar user.
FriendJar, Inc. ("FriendJar") owns and operates FriendJar(the "Website") which provides users access to factories and suppliers, partner listing by industry and related products or services (collectively, "FriendJar Products and Services"). Your use of FriendJar is subject to the following terms and conditions of use ("Terms").
These Terms constitute a legally binding agreement between you and FriendJar and is deemed accepted by you each time that you visit the Website, or use or access any FriendJar Products and Services. You warrant and represent that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to use the FriendJar Services, provided you do so with the consent of a parent or legal guardian who accepts these Terms on your behalf. Your use of certain FriendJar Products and Services may require you to agree to additional terms and conditions, or enter into separate agreements with us or applicable factories, suppliers or other Website users. If you are accepting these Terms and accessing the Website and/or using the FriendJar Products and Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use or access the Website and/or the FriendJar Products and Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with any of these Terms, please do not access the Website or use any FriendJar Products and Services.
The Terms are effective as of the "Last Updated" date above. FriendJar may change these Terms at any time, with or without notice to you, by posting an updated version to this web page. If you continue accessing the Website or using any FriendJar Products and Services after any such changes, it will mean you accepted any new or changed Terms. FriendJar may terminate these Terms and your access to all or any part of the Website and/or the FriendJar Products and Services at any time and for any reason without prior notice or liability and in FriendJar’s sole discretion.
Your use of the Website and/or the FriendJar Product and Services may involve the transmission to FriendJar of certain personally-identifiable information ("Personal Information"). FriendJar’s policies with respect to the collection and use of Personal Information are set forth in its then-current Privacy Policy located at www.friendjar.com/privacy, which also governs your access to the Website and/or use of FriendJar Product and Services, and is incorporated herein by reference, in its entirety.
When you access the Website and/or use the FriendJar Products and Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website or through any other communication tool.
FriendJar or its licensors retain all right, title and interest in and to its designs, text, graphics, images, video, information, logos, button icons, software, audio files and other brand content used on the Website and/or the FriendJar Products and Services (collectively, "Brand Content"). All Brand Content is the property of FriendJar or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content that is part of the Website and/or the FriendJar Products and Services is the exclusive property of FriendJar and is protected by copyright, trademark, patent and other laws. Unauthorized use of the Brand Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademarks, service mark and other proprietary notices contained in the original Brand Content on any authorized copy you make of the Brand Content.
You’re not allowed to: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Brand Content for any purpose other than your use of any FriendJar Products and Services; (iii) remove any copyright or other protected notices contained in the Brand Content on any authorized copy you make of the Brand Content; (iv) sell, transfer, assign, license, sublicense, or modify the Brand Content, or use the Brand Content for any public or commercial purpose; or (v) use or post the Brand Content on any other website or in a networked computer environment.
Subject to your compliance with these Terms and your payment of any applicable fees, FriendJar or its content providers grant you a limited, non-exclusive, non-transferable, nonsublicensable license to access the Website and/or make use of the FriendJar Product and Services. This license does not include any resale or commercial use of any FriendJar Products and Services, or its contents; any collection and use of any profile listings, descriptions, or prices; any derivative use of any FriendJar Products and Services or its contents; any downloading or copying of account information for the benefit of another factory; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by FriendJar or its licensors, suppliers, publishers, photographers, rights holders, or other content providers. No part of the Website and/or the FriendJar Products and Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FriendJar. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FriendJar without express written consent. You may not use any meta tags or any other "hidden text" utilizing the FriendJar name or trademarks without the express written consent of FriendJar.
You may use the Website and/or access the FriendJar Product and Services only as permitted by law. Any licenses granted to you by FriendJar, including such licenses granted herein, shall terminate if you do not comply with these Terms.
To access certain password-protected areas of the Website and to use certain FriendJar Products and Services, you’ll have to register for an account. To register for an account, you must provide us with information including, but not limited to, your first name, last name, and email address. By doing so, you promise that all registration information provided by you is truthful and accurate. You are also required to update any inaccurate registration information as necessary from time to time. All registration information and any other Personal Information that you provide to us through your use of FriendJar is covered under our Privacy Policy.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. FriendJar may delete or change your password at any time for any reason, in its sole discretion.If you purchase any available membership plan for any FriendJar Products and Services or any additional services that we offer for a fee, either on a one-time or subscription basis, you agree to FriendJar storing your payment or credit card information. You also agree to pay the applicable fees for any FriendJar Products and Services (including, without limitation, monthly fees) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the applicable subscription period during which you cancel your subscription. If you purchase any FriendJar Products and Services, you agree to monthly recurring payments on your account. You may cancel your FriendJar Products and Services by contacting us at info@FriendJar.com. You also acknowledge that FriendJar Products and Services are subject to these Terms and any other additional terms as required.
If you believe the FriendJar contains any content that infringes your copyright, please contact FriendJar Copyright Agent, as detailed below, with the following information:
To contact FriendJar Copyright Agent by email, please write to info@FriendJar.com with COPYRIGHT NOTICE in the subject line.
FriendJar reserves the right to remove content alleged to be infringing without prior notice, in its sole discretion, and without liability to you. In appropriate circumstances, FriendJar will also terminate a user’s account if the user is determined to be a repeat infringer.
The factory member services, factory member plan and the projects platform are made available through the Website, which include content such as, description of products, company information, profile pictures and photographs, banners, or other content provided by other users and third parties (collectively, "Service Content"). FriendJar does not make any representations regarding the accuracy or validity of such Service Content or their appropriateness for evaluation by designers, merchants, manufacturers, or other business entities. Under no circumstances will FriendJar be liable in any way for any Service Content, including, but not limited to, any errors or omissions in any Service Content, or any loss or damage of any kind incurred as a result of the use of any Service Content posted, emailed, transmitted or otherwise made available via the Website, the FriendJar Products and Services or broadcast elsewhere.
By submitting any unsolicited information and materials, including but not limited comments, ideas, questions, designs, and other similar communications (collectively, "Unsolicited Information") to FriendJar, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide FriendJar with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. FriendJar, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, FriendJar and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to FriendJar for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting FriendJar a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
All FriendJar users may post reviews, comments, photos, and other content (including the projects platform); send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, "User Content"), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. FriendJar reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content.
If you do post or submit User Content, and unless we indicate otherwise, you grant FriendJar a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You grant FriendJar and sublicensees the right to use the name that you submit in connection with such User Content, if they choose.
You agree that such User Content license includes the right for FriendJar to provide, promote, and improve the FriendJar Products and Services, including but not limited to resolving disputes amongst users,and to make the User Content submitted to or through the Website and/or FriendJar Products and Services available to other companies, organizations or individuals who partner with FriendJar for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such content use.
Such additional uses by FriendJar, or other companies, organizations or individuals who partner with FriendJar, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the FriendJar Services.
FriendJar may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
FriendJar reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content through the FriendJar Services, to suspend or terminate users, and to reclaim usernames. FriendJar also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of FriendJar, its users and the public.
You represent and warrant that any material, of any kind, including User Content that you submit to FriendJar is owned by you and will not (a) violate or infringe upon the rights of any third party, including, but not limited to copyright, trademark, privacy or other personal or proprietary rights; or (b) contain any libelous or otherwise unlawful material. If you wish to have items removed please contact info@FriendJar.com
You also represent and warrant that any User Content posted by you will not send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing;" be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code or other potentially harmful programs or other material or information.
You may not do any of the following while accessing the Website and/or using FriendJar Products and Services: (i) access, tamper with, or use non-public areas of the Website and/or FriendJar Products and Services, the FriendJar computer systems, or the technical delivery systems of FriendJar providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website and/or FriendJar Products and Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by FriendJar (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with FriendJar; (iv) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website and/or FriendJar Products and Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on FriendJar, the Website and/or FriendJar Products and Services.
FriendJar operates as a middle-man between our factory business members and other users, including designer, merchants, manufacturers, and other business entities. Our factory business members operate production factories, provide services and sell products through third party sites or other direct forms of communication. We may provide links or contact information to our factory business members or their third party sites. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these factory business members or the content of their web sites. FriendJar does not assume any responsibility or liability for the actions, product, and content of any such third parties. You should carefully review their terms and other conditions of use.
The Terms will continue to apply until terminated by either you or FriendJar as follows.
You may end your legal agreement with FriendJar at any time for any reason by deactivating your accounts and discontinuing your use of the Website and/or FriendJar Products and Services. If you are on a subscription plan please contact info@FriendJar.comto deactivate your account or your account will be charged any recurring monthly fees.
FriendJar may suspend or terminate your accounts or cease providing you with all or part of the Website and/or FriendJar Products and Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the FriendJar Products and Services to you is no longer commercially viable. FriendJar will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, these Terms shall terminate, including, without limitation, your license to use the Website and/or FriendJar Products and Services, except that the following sections shall continue to apply: Brand Content, Copyright Complaints, All User Content, Restrictions on User Content, Restrictions on Use of FriendJar Products and Services, Ending These Terms, Disclaimer of Warranties and Limitation of Liability, Representations and Warranties, Indemnity Waiver and Severability, Disputes, and Applicable Law.
Nothing in this section shall affect FriendJar rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
Please read this section carefully since it limits the liability of FriendJar and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "FriendJar Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Website and the FriendJar Products and Services, unless otherwise agreed upon by the parties pursuant to additional terms and conditions, are available "AS-IS." Your access to and use of the Website and/or FriendJar Products and Service, or any content therein are at your own risk. You understand and agree that the FriendJar is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE FriendJar ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The FriendJar Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website and/or FriendJar Products and Services or any content therein; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website and/or FriendJar Products and Services or any content therein; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by FriendJar; and (iv) whether the Website, FriendJar Products and Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the FriendJar Entities, Website, service content and/or FriendJar Products and Services, will create any warranty not expressly made herein.
Links. The Website, service content and/or FriendJar Products and Services may contain links to third-party websites or resources. You acknowledge and agree that the FriendJar Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the FriendJar Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FriendJar ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR USER CONTENT OF ANY THIRD PARTY ON THE WEBSITE, AND/OR FriendJar PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
You agree to defend, indemnify, and hold the FriendJar Entities harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms; (ii) your access to, use, or misuse of the Website, and/or FriendJar Products and Services; (iii) any User Content; or (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
The failure of FriendJar to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Binding Arbitration
In the event of a dispute arising under or relating to the Terms, the Website, the FriendJar Products and Services, or any other products or services provided by FriendJar, Inc. (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION.All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in the State of New York may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in the State of New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
By accessing or using the Website, the FriendJar Products and Services, or any other products or services provided by FriendJar, Inc., you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and FriendJar.