Terms of Use

Terms of Use

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.