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The Mom's Choice Awards® (MCA) has named Janet Block's Children's Book, Rosie Nutmeg And The MeMooshies; The Incredible Plant Project, among the BEST in family-friendly media, products, services. MCA is globally recognized for establishing the benchmark of EXCELLENCE in family-friendly media, products, and services.
You are leaving MeMooshies.com and going to Amazon.com. Amazon's terms of use and privacy policy will apply to your use of Amazon's site and any purchases. Kids, you should not buy any product unless your parent or guardian is with you and says you can.
You are leaving MeMooshies.com and going to barnesandnoble.com. Barnes & Noble's terms of use and privacy policy will apply to your use of Barnes & Noble's site and any purchases. Kids, you should not buy any product unless your parent or guardian is with you and says you can.
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Privacy Policy
Last Updated: July 5, 2018
JB Brand respects your privacy. The following online privacy policy describes the information we collect and how we use it. By accessing or using our Website, you consent to our Privacy Policy. JB Brand may modify this Privacy Policy at any time without notice, effective upon its posting to the Website. Your continued use of the Website constitutes your acceptance to this Privacy Policy and any updates. You agree to review this Privacy Policy regularly so that you understand our current Privacy Policy. This Privacy Policy is incorporated into, and is subject to, the Terms of Use. Any capitalized terms not defined in this policy have the meaning set forth in the Terms of Use.
A Note About Children
If you are under the age of 18, please discuss your use of this Website and our Privacy Policy with your parent or guardian.
We do not knowingly collect personally identifiable information from children under 13, except in limited circumstances that are allowed under the Children’s Online Privacy Protection Act. For example, if a child wishes to sign up for an email newsletter, the child must provide the email address of his/her parent or guardian so that we can notify the parent/guardian of the child’s request. We will ensure that all features of our Website comply with the Children’s Online Privacy Protection Act by, for example, obtaining the appropriate parental consent when necessary, not asking for more personal information than is necessary for a child to participate in an activity, and taking steps to prevent children from posting or publicly disclosing personal contact information on our Website. In the event a child under the age of 13 contacts us directly and identifies him or herself as being under the age of 13, we will retain the child’s information only as long as is necessary to respond to his or her specific request and then will delete all such information.
Collecting Information
When you visit JB Brand’s Website, you provide us with personal information you knowingly disclose to us and Website interaction information collected by us. We request information from you (which may include name, age, address, telephone number, email address, city location, zip code, and when necessary, credit card information) when you make purchases directly from our website, ask a question, request to receive communications, or participate in a promotion or other Website feature.
We also collect any information which you decide to share, for example by contacting us directly; participating in surveys, sweepstakes or contests; or by posting such information in any forum or other sections of the Website or on any social media service such as Facebook, Twitter or Instagram. In addition to the information noted above, the information we collect through all means also may include demographic and other information about you such as your gender, age, marital status, political affiliation, hobbies, etc.
We also collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, username, system type, whether you have enabling software to access certain Website features, access times, and referring website addresses. Websites visited before visiting the JB Brand Website might place personal information within the URL of your browser during a visit to that website. JB Brand may unintentionally collect that information as part of the referring website information we collect.
Using Information
We may use the information we collect to:
- Operate, provide, improve and maintain the Website
- Process and deliver orders for products
- Send you information electronically, through the mail or by other means about JB Brand which we believe you may be interested in
- Customize and/or personalize your communications and shopping experience
- Better respond to your customer service inquiries
- Communicate with you about your purchase or customer service needs
- Communicate with you about our products and events, and for other promotional purposes
- Improve our business, or
- Administer contests, promotions, surveys or other Website features
To opt-out and stop receiving email updates, you can send an e-mail to privacy@memooshies.com or follow the unsubscribe instructions provided on all JB Brand e-mails.
Sharing Information
For the purpose of operating our business, we may transfer information between JB Brand and our preferred service providers who use that information only to conduct JB Brand business. For example, they may handle JB Brand’s credit card processing, shipping, data management, email distribution, market research, information analysis, and/or promotions management. We may also share your information to administer a Website feature. We provide our preferred service providers with the information they need to perform their services and work with them to protect your information.
We may disclose specific information upon governmental request, in response to a court order, when required by law, to enforce our Website policies, or to protect our or others' rights, property or safety. We may share information to prevent illegal uses of the Website or violations of the Terms of Use, or defend ourselves against third-party claims. We may also share information with companies assisting in fraud protection or investigation. We may also share information with companies under the terms of certain agreements, such as license agreements or promotional agreements that allow JB Brand to sell or market its products by using a third party’s intellectual property. Additionally, in the event that all or substantially all of the assets relating to JB Brand are transferred or sold to another entity, personally identifiable information submitted to us may be transferred to the acquiring entity. JB Brand cannot control the use of or guarantee the confidentiality of your information once it has been transferred to any third party.
Sharing Information You Post
All information which you post or upload to any forum or other section or feature of the Website or to any social media service will be shared with and visible to the entire world. We do not allow you to later edit or remove materials you post or upload. We do not have restrictive privacy settings which allow you to restrict who can and cannot see your posts and uploads. Please do not post or upload any information or materials which you do not want the entire world to see.
Protecting Your Information
We use a variety of security measures, including encryption and authentication tools to maintain the safety of your personal information. When you place orders or access your personal information, we offer the use of a secure server. All credit card information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our credit card processor’s databases. REGARDLESS OF THESE EFFORTS, JB BRAND CANNOT GUARANTEE THE SECURITY OR CONFIDENTIALITY OF ANY OF THE INFORMATION YOU PROVIDE TO US.
Cookies and Pixel Tags
JB Brand receives and records information from your browser when you use the Website and may use a variety of methods, such as cookies and pixel tags to collect this information. A cookie is a small removable data file that is stored by your web browser on your computer. Cookies allow you to place an order on our Website and allow us to enhance and personalize your online experience. For example, we use cookies to: remember the items in your shopping cart; recognize you when you return to our Website; and/or analyze visitor behavior.
You can choose to have your computer warn you each time a cookie is being sent or you can choose to turn off all cookies. If you turn cookies off, some of our services may not function properly.
We may use pixel tags – tiny graphic images – to help us analyze your online behavior. Pixel tags also allow us to send you email in a format you can read and let us know when you have opened an email message from us. We may use pixel tags to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our Website. We also collect certain standard information that your browser sends to every website you visit, such as your IP address, browser type and language, username, system type, whether you have enabling software to access certain website features, access times and referring website addresses. Websites visited before visiting our Website might place personal information within the URL of your browser during a visit to that website. JB Brand may unintentionally collect that information as part of the referring website information we collect.
International Users
This Website is operated, in whole or in part, from the United States. By using this Website, regardless of where you live in the world, you consent to have your personal data transferred to and processed in the United States, and allow JB Brand to use and collect your personal information in accordance with this Privacy Policy.
Terms of Use
Your use of the Website, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use. Please visit our Terms of Use section that explains other terms governing the use of our Website.
Last Updated: July 5, 2018
This website located at www.memooshies.com is owned and operated by JB Brand LLC, a Florida limited liability company (the "Website" or “Site”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND JB BRAND. BY ACCESSING OR USING ANY PART OF THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THIS WEBSITE.
If you are under the age of 18, please discuss your use of this Website and our Terms of Use with your parent or guardian.
User Conduct
You expressly agree that you will not use this Website or any other Internet services provided by JB Brand for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You agree to abide by all applicable local, state, national, and international laws and regulations.
Any unauthorized commercial use of this Website, JB Brand’s servers or Internet infrastructure is expressly prohibited. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website as determined by JB Brand in its sole discretion.
Privacy
By using this Website, you consent to the terms of JB Brand’s Privacy Policy, which you understand may be modified from time to time. The Privacy Policy, which can be reached by clicking on the Privacy Policy link located at the bottom of the JB Brand site, is incorporated into these Terms of Use by reference. You consent to JB Brand’s use of cookies and similar devices as further described in the Privacy Policy and for the purposes set forth in the Privacy Policy. You further understand and agree that, to the extent that information is collected about you, it will be stored on servers in the United States.
Product Concepts/Unsolicited Submissions/Fan Feedback
JB Brand does not accept unsolicited ideas, concepts, proposals or other submissions (each a “Submission”). By submitting any Submission, even if done in response to a request for feedback, you automatically grant (or warrant that the owner of such rights has expressly granted) to JB Brand a perpetual, royalty-free, irrevocable, transferable and sub-licensable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute your Submission or incorporate your Submission into any form, medium, or technology (now known or hereafter developed or devised) throughout the universe. In addition, you warrant that all so-called "moral rights" and other rights recognized throughout the world (including without limitation, the European Economic Community) in your Submission have been waived and that JB Brand has the unrestricted right to modify, edit, alter and change your submission without your or any other person’s consent. There is no contract, implied or otherwise, that JB Brand will compensate you for the use of your Submission and, pursuant to the foregoing, JB Brand will not compensate you for any such use.
Contests, Sweepstakes, Electronic Postcards, Newsletters And Other Activities
From time to time JB Brand may offer you the ability to participate in contests, sweepstakes, electronic postcards, or other activities. JB Brand may provide additional rules of participation for those activities. Any such additional rules incorporate these Terms of Use by this reference and all activities shall be subject to these Terms of Use. To the extent that any conflict exists between these Terms of Use and specific rules of participation, the rules of participation for the activity in which you choose to participate shall govern.
Ownership of Intellectual Property/Restrictions on Use
All software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress and trade names which are part of or displayed through this Website (the "Materials") are the property of JB Brand and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
You should assume that everything you see or read on this Website, receive through related services, or download from our servers, is protected by copyright unless otherwise stated and may only be used according to these Terms of Use. JB Brand does not warrant or represent that your use of materials displayed on this Website will not infringe rights of third parties whom are not owned or affiliated with JB Brand. Images are either JB Brand’s property or used by JB Brand with another party's permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of such images may violate copyright laws, trademark laws, the laws of privacy and publicity, as well as other communications regulations and statutes.
JB Brand, MeMooshies, Rosie Nutmeg and all character names are the trademarks of JB Brand. Your misuse of the trademarks displayed on this Website, or any other content on this Website, except as provided herein, is strictly prohibited. Nothing contained on this Website should be construed as granting any license or right to use any trademark displayed on this Website without the written permission of JB Brand.
These Terms of Use grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Website and the Materials for your personal, non-commercial use. Except as expressly provided herein, you agree that no portion of this Website will be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose; that you have obtained no other rights, titles or interests of any kind in or to this Website or the Materials; and that nothing contained herein shall be construed as conferring any other right, title or interest. As between you and JB Brand, all rights in the Materials and the Website are reserved to JB Brand.
The following applies to all portions of the Website and Materials which are downloaded by you, including but not limited to all Materials downloaded or provided by any newsletter or other email: JB Brand hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Website, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Website and/or JB Brand, provided that "Copyright 2018 JB Brand, LLC. All Rights Reserved. Used With Permission" accompanies all copyrightable Materials and other notices are properly maintained. Modification of Materials or use of Materials for any other purpose is a violation of JB Brand’s copyright and other proprietary rights. For purposes of these Terms of Use, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), or promotions; or sell or offer products, games, or services; or any other content which JB Brand in its sole and absolute discretion deems inappropriate) is strictly prohibited. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without JB Brand’s express prior written consent. Unauthorized or prohibited exploitation of Materials may subject you to civil liability and criminal prosecution under applicable federal and state laws.
Disclaimers/Limitation of Liability
THIS WEBSITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, JB BRAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. JB BRAND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JB BRAND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THIS WEBSITE OR THE INFORMATION CONTAINED IN IT WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU, NOT JB BRAND, ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE.
TO THE EXTENT THAT YOU COMMUNICATE WITH JB BRAND’S CUSTOMER SERVICE DEPARTMENT OR A JB BRAND REPRESENTATIVE THROUGH ANY SOURCE, THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF USE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JB BRAND, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THIS WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEB SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY JB BRAND, YOU OR ANY THIRD PARTY AND REGARDLESS OF WHETHER JB BRAND IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "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."
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL JB BRAND HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Links/Liking
This Website may contain links to other web sites operated by third parties, including buttons which allow you to like or dislike a particular product or feature. The linked sites are not under the control of JB Brand, and JB Brand is not responsible for the content available on any other web sites linked to this Website. Such links do not imply JB Brand’s endorsement of material on any other web site and JB Brand disclaims all liability with regard to your access to such linked web sites. JB Brand provides links to other web sites as a convenience to users and access to any other web sites linked to this Website is at your own risk and is subject to that web site’s terms of use and privacy policy.
Emails
You agree that these Terms of Use, including but not limited to the Disclaimers and Limitations of Liability, apply to all emails and other electronic communications which you receive from JB Brand as though such email or other electronic communication and all of its content were a page of this Website.
Store Locator
To the best of our ability we maintain information on retailers who carry our products. Most or all of this information is provided by our retailers, who are responsible for its accuracy. In all cases we recommend that you contact the retailer directly to inquire about the availability of specific products.
Security of Information
We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We disclaim responsibility for all negligent acts that may result in the unauthorized use and/or disclosure of your personal information.
Ads And Malware
We take great care and pride in creating this Website. We are always on the lookout for technical glitches that effect how the Website works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Website and that is beyond our control. If you experience any unusual behavior, content or ads on the Website, it may be the result of Malware on your computer. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Website and on other sites that you visit. Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system.
Denial Of Access
JB Brand, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Website. The sending of an email notice by JB Brand to any email address associated with the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access the Website upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Website, without JB Brand having to post any bond or surety therefor.
Indemnification
You agree to indemnify, defend and hold harmless JB Brand, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you. JB Brand reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with JB Brand in asserting any available defenses.
Jurisdiction
The Terms of Use and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Florida applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Use or the site shall be filed only in the state or federal courts located in Palm Beach County, in the State of Florida. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, JB Brand shall be entitled to seek in any court of appropriate jurisdiction equitable or injunctive relief to enforce these Terms of Use.
If you use this Website from other locations you are responsible for compliance with local laws and regulations. JB Brand products are available in many parts of the world; however, this Website may describe products that are not available in your jurisdiction.
Modification of Terms
JB Brand may at any time revise these Terms of Use by updating the same at this Website without prior notice. Your continued use of this Website after such changes are posted will constitute your acceptance of such changes.
General
This agreement constitutes the entire agreement between you and JB Brand with respect to this Website and related services and supersedes all prior or contemporaneous terms or conditions, oral or written, between user and JB Brand. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any cause of action arising out of or related to this Website or its service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
