Terms of Use
TERMS OF USE
Your Acceptance
The webpages available at www.itsmylocker.com, and all linked pages (“Site”) are owned and operated by Jill Brown Associates, LLC. (“Jill Brown Associates, LLC”), a New Jersey Limited Liability Company, and is accessed by you pursuant to the Terms of Use set forth below (“Term’s Of Use).
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Jill Brown Associates, LLC itsmylocker.com website, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF JILL BROWN ASSOCIATES, LLC'S PRIVACY NOTICE, WHICH ARE PUBLISHED At itsmylocker.com/termsofuse, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE, USE THE CONTENT OR ITS SERVICES.
Jill Brown Associates, LLC may update these terms without notice. The most recent terms are located at itsmylocker.com/termsofuse. It is recommended that you look at this page periodically to review the terms and conditions.
There may also be Jill Brown Associates, LLC itsmylocker.com products and service that have posted rules and regulations. Upon posting this rules and regulations shall be incorporated into and become part of these Terms and Conditions.
DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Jill Brown Associates, LLC may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Jill Brown Associates, LLC performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. Jill Brown Associates, LLC may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Jill Brown Associates, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
YOUR REGISTRATION OBLIGATIONS
JILL BROWN ASSOCIATES, LLC ITSMYLOCKER.COM WEBSITE
These Terms of Service apply to all users of the Jill Brown Associates, LLC Website, including users who are also contributors of video content, information, and other materials or services on the itsmylocker.com Website. The Jill Brown Associates, LLC itsmylocker.com Website may contain links to third party websites that are not owned or controlled by Jill Brown Associates, LLC. Jill Brown Associates, LLC has no control over, and assumes no responsibility for, the content, advertising, privacy policies, products or other materials on or available from such sites or resources, or practices of any third party websites. In addition, Jill Brown Associates, LLC will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Jill Brown Associates, LLC from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Jill Brown Associates, LLC itsmylocker.com Website and to read the terms and conditions and privacy policy of each other website that you visit.
WEBSITE ACCESS
Jill Brown Associates, LLC hereby grants you permission to use the Itsmylocker.com Website as set forth in this Terms of Service, provided that:
1. your use of the itsmylocker.com Website as permitted is solely for your personal, noncommercial use;
2. you will not copy or distribute any part of the itsmylocker.com Website in any medium without Jill Brown Associates, LLC's prior written authorization;
3. you will not alter or modify any part of the itsmylocker.comWebsite other than as may be reasonably necessary to use the itsmylocker.com Website for its intended purpose; and
4. you will otherwise comply with the terms and conditions of these Terms of Service.
REGISTRATION
As a condition to using Services you are required to register with Jill Brown Associates, LLC and select a password and screen name ("Jill Brown Associates, LLC User ID"). You shall provide Jill Brown Associates, LLC with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Jill Brown Associates, LLC account. You may not:
1. select or use as Jill Brown Associates, LLC User ID a name of another person with the intent to impersonate that person;
2. use as Jill Brown Associates, LLC User ID a name subject to any rights of a person other than you without appropriate authorization; or
3. use as Jill Brown Associates, LLC User ID a name that is otherwise offensive, vulgar or obscene. Jill Brown Associates, LLC reserves the right to refuse registration of, or cancel Jill Brown Associates, LLC User ID in its discretion. You may never use another's account without permission. You shall be responsible for maintaining the confidentiality of your Jill Brown Associates, LLC password. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Jill Brown Associates, LLC immediately of any breach of security or unauthorized use of your account. Although Jill Brown Associates, LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Jill Brown Associates, LLC or others due to such unauthorized use.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to Jill Brown Associates, LLC servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Jill Brown Associates, LLC grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Jill Brown Associates, LLC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Jill Brown Associates, LLC.
Prohibited activity includes but is not limited to the following uses of the services:
(1) to abuse, harass, threaten, impersonate or intimidate other Jill Brown Associates, LLC users;
(2) to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
(3) for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
(4) to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Jill Brown Associates, LLC user;
(5) to create or submit unwanted email ("Spam") to any other Jill Brown Associates, LLC users or any URL;
(6) to violate any laws in your jurisdiction (including but not limited to copyright laws);
(7) to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content; with the exception of accessing RSS feeds. Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
(iii) bypass any measures we may use to prevent or restrict access to the Site; with the intention of artificially inflating or altering the blog count, comments, or any other Jill Brown Associates, LLC service, including by way of creating separate user accounts for the purpose of artificially altering Jill Brown Associates, LLC's services;
Jill Brown Associates, LLC may remove any Content from Jill Brown Associates, LLC accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: abuse@itsmylocker.com
INTELLECTUAL PROPERTY RIGHTS
The content on Jill Brown Associates, LLC Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Jill Brown Associates, LLC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Jill Brown Associates, LLC itsmylocker.com website may also contain references to other company brand or product names. These company or product names are used on our site for identification purposes only and may be trademarks of their respective owners. The images, graphics or other content displayed or found within the Jill Brown Associates, LLC itsmylocker.com Website are either the property of Jill Brown Associates, or used with permission. The Jill Brown Associates itsmylocker.com Website is not necessarily sponsored by or affiliated with any owners of the other company brand and product name appearing on the Jill Brown Associates, LLC itsmylocker.com Website and makes no representations about them, their owners, their products or services. Jill Brown Associates, LLC reserves all rights not expressly granted in and to the Itsmylocker.com Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Jill Brown Associates, LLC itsmylocker.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of Jill Brown Associates, LLC itsmylocker.com Website or the Content therein.
USER SUBMISSIONS
Jill Brown Associates, LLC itsmylocker.com Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Jill Brown Associates, LLC does not guarantee any confidentiality with respect to any submissions. Jill Brown Associates, LLC has complete discretion to reject your User Submission from one Jill Brown Associates, LLC program to another program or portion of the Website.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that:
(1.) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Jill Brown Associates, LLC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and
(2.) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Jill Brown Associates, LLC, you hereby grant Jill Brown Associates, LLC a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Jill Brown Associates, LLC Website and Jill Brown Associates, LLC's (and its successor's) business, including without limitation for promoting and redistributing part or all of Jill Brown Associates, LLC itsmylocker.com Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of Jill Brown Associates, LLC itsmylocker.com Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Jill Brown Associates, LLC itsmylocker.com Website.
In connection with User Submissions, you further agree that you will not:
1. submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Jill Brown Associates, LLC all of the license rights granted herein;
2. publish falsehoods or misrepresentations that could damage Jill Brown Associates, LLC or any third party; or that might promote illegal activity.
3. submit material that is unlawful, obscene, defamatory, libelous, threatening, vulgar, harassing, hateful, racially or ethnically offensive, insulting or that violates any person’s privacy (which shall include but not be limited to the posting of photos, full names, e-mail addresses, addresses or phone numbers) or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
4. to promote any products or services or solicit others for commercial products or services or any kind, with the exception of kid biz postings.
5. impersonate another person or misidentify yourself in submitting the User Submission or misstate your true identity.
6. Create, upload, transmit or make available in any way any material that harms children in any shape or manner.
7. Solicit personal information from any member.
8. To transmit junk mail, chain letters, unsolicited mass e-mail, spam, spim or comment spam.
9. Create upload, transmit or make available in any way any content that violates any third party’s legal rights, or any domestic or international law or regulation.
Jill Brown Associates, LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Jill Brown Associates, LLC expressly disclaims any and all liability in connection with User Submissions. Jill Brown Associates, LLC does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Jill Brown Associates, LLC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Jill Brown Associates, LLC reserves the right to remove Content and User Submissions without prior notice. Jill Brown Associates, LLC will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Jill Brown Associates, LLC also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Jill Brown Associates, LLC may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(1.) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2.) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3.) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(4.) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(5.) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6.) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Jill Brown Associates, LLC's designated Copyright Agent to receive notifications of claimed infringement is: abuse@itsmylocker.com Only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Jill Brown Associates, LLC customer service through support@itsmylocker.com You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Please note that also under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing and may be subject to liability.
You understand that when using the Jill Brown Associates, LLC Itsmylocker.com Website, you will be exposed to User Submissions from a variety of sources, and that Jill Brown Associates, LLC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Jill Brown Associates, LLC with respect thereto, and agree to indemnify and hold Jill Brown Associates, LLC, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Jill Brown Associates, LLC permits you to link to materials on the Itsmylocker.com Website for personal, non-commercial purposes only. In addition, Jill Brown Associates, LLC provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Itsmylocker.com Website, provided that you include a prominent link back to the Jill Brown Associates, LLC website on the pages containing the Embeddable Player. Jill Brown Associates, LLC reserves the right to discontinue any aspect of the Jill Brown Associates, LLC itsmylocker.com Website at any time.
WARRANTY DISCLAIMER
YOU AGREE THAT YOUR USE OF THE JILL BROWN ASSOCIATES, LLC ITSMYLOCKER.COM WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JILL BROWN ASSOCIATES,LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ITSMYLOCKER.COM WEBSITE AND YOUR USE THEREOF. JILL BROWN ASSOCIATES, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JILL BROWN ASSOCIATES, LLC WEBSITE. JILL BROWN ASSOCIATES, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JILL BROWN ASSOCIATES, LLC WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JILL BROWN ASSOCIATES, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL JILL BROWN ASSOCIATES, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEAGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,
5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
6. ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA JILL BROWN ASSOCIATES, LLC WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT JILL BROWN ASSOCIATES, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Jill Brown Associates, LLC from its facilities in the United States of America. Jill Brown Associates, LLC makes no representations that the Jill Brown Associates, LLC itsmylocker.com Website is appropriate or available for use in other locations. Those who access or use the Jill Brown Associates, LLC itsmylocker.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
INDEMNITY
You agree to defend, indemnify and hold harmless Jill Brown Associates, LLC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
1. your use of and access to Jill Brown Associates, LLC itsmylocker.com Website;
2. your violation of any term of these Terms of Service;
3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or
4. any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of Jill Brown Associates, LLC itsmylocker.com Website.
TERMINATION
Jill Brown Associates, LLC may terminate or suspend any and all Services and your Jill Brown Associates, LLC itsmylocker.com account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Jill Brown Associates, LLC itsmylocker.com account, you may simply discontinue using the Services. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
ABILITY TO ACCEPT TERMS OF SERVICEErin-this is the big one that we discussed. Your notes say, “could terms link be sent with original email to parent and they need to click. Include wording stating that a follow up email will be sent to parent’s email provided by child with consent to terms of service or link to same and discuss with Sean if mechanism can be set up to cancel if no assent to terms of use by parent. I still think this should be the case.
Jill thinks that we should add to the registration page that my parent agrees to this. It should also explain that we sed an email to parent that they are aware of the terms of service. If they do not accept, please contact us to have your child’s profile removed from the IML web site. I do not agree. A child is not legally capable of giving consent and therefore this is a pointless exercise. We need the parents consent (legally speaking). Jill and I spoke nd kids can create page but will not have other access until parent consents to terms of use sent via email. If parent does not have email address they would have to go on site to consent to terms of use or this my be sent via text. Please review with Jill.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13 or are accepting the terms of use as parent or guardian of a minor child.
MISCELLANEOUS
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Jill Brown Associates, LLC in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Jill Brown Associates, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Jill Brown Associates, LLC's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable.
ASSIGNMENT
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jill Brown Associates, LLC without restriction.
JURISDICTION
You agree that:
1. the Jill Brown Associates, LLC Website shall be deemed solely based in New Jersey; and
2. Jill Brown Associates, LLC Itsmylocker.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over Jill Brown Associates, LLC, either specific or general, in jurisdictions other than New Jersey. These Terms of Service shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and Jill Brown Associates, LLC that arises in whole or in part from Jill Brown Associates, LLC Itsmylocker.com Website shall be decided exclusively by a court of competent jurisdiction located in Union County, New Jersey. These Terms of Service, together itsmylocker.com/termsofuse with the Privacy Notice at itsmylocker.com/privatepolicy and any other legal notices published by Jill Brown Associates, LLC on the itsmylocker.com Website, shall constitute the entire agreement between you and Jill Brown Associates, LLC concerning Jill Brown Associates, LLC itsmylocker.com Website. If a court of competent jurisdiction deems any provision of these Terms of Service invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Jill Brown Associates, LLC's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Jill Brown Associates, LLC reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Jill Brown Associates, LLC Itsmylocker.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND JILL BROWN ASSOCIATES, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JILL BROWN ASSOCIATES, LLC WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
TRADEMARKS
Jill Brown Associates, LLC and other Jill Brown Associates, LLC graphics, logos, designs, page headers, button icons, scripts, and service names including kidbiz WE DO NOT HAVE TRADEMARK ON KIDBIZ. JILL WILL NEED TO CALL ME TO DISCUSS are registered trademarks, trademarks or trade dress of Jill Brown Associates, LLC in the U.S. and/or other countries. The Jill Brown Associates, LLC trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.
