WEB SITE TERMS AND CONDITIONS OF USE & PRIVACY POLICY
JILL MENIKETTI offers this Web site, including all information, software, products, and services available from this Web site or offered as part of or in conjunction with this Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies, and notices stated here. JILL MENIKETTI reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. Your continued use of the Web site constitutes your agreement to all such terms, conditions, and notices, and any changes to the Terms and Conditions made by JILL MENIKETTI.
Personal and Noncommercial Use
The Web site is for your personal and noncommercial use. As a condition to your continued use of the Web site, you warrant to JILL MENIKETTI that you will not use the Web site for any purpose that is unlawful or prohibited by these terms and conditions of use.
No Warranties
USE THE WEB SITE AT YOUR OWN RISK. THIS WEB SITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. JILL MENIKETTI MAKES NO WARRANTY THAT ANY CONTENT CONTAINED ON THIS WEB SITE SATISFIES ANY APPLICABLE GOVERNMENT LAW, REGULATION, OR REQUIREMENT. Neither JILL MENIKETTI nor its employees, agents, third-party information providers, merchants, licensors, or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted, or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of JILL MENIKETTI. JILL MENIKETTI reserves the right to change or discontinue at any time any aspect or feature of the Web site.
Exclusion of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL JILL MENIKETTI OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING, OR DISTRIBUTING THE WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEB SITE, DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEB SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO JILL MENIKETTI OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEB SITE. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitation may not apply to you.
Indemnification
You agree to defend, indemnify and hold JILL MENIKETTI, its officers, directors, affiliated companies, employees, and agents, licensors and suppliers harmless from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the JILL MENIKETTI Web site, or any content, product, or service offered through the JILL MENIKETTI Web site, in a manner that violates or is alleged to violate these Terms and Conditions. JILL MENIKETTI shall provide notice to you of any such claim, suit, or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Featured Links and Advertisements
The Web site may contain hyperlinks to Web sites offered by parties other than JILL MENIKETTI. Such hyperlinks are provided for your reference and convenience only. JILL MENIKETTI does not control such other Web sites and is not responsible for their content; nor does JILL MENIKETTI’s inclusion of hyperlinks to such Web sites imply any endorsement of the material on such Web sites or any association with their operators. Unless otherwise specifically stated on this Web site, JILL MENIKETTI does not endorse any product or service or make any representation regarding the reliability, quality, or accuracy of any products or services featured in, or linked to, any advertisement appearing on this Web site.
Linking
Unless you are subsequently advised otherwise by JILL MENIKETTI, you are hereby licensed to create hyperlinks to the content on the Web site, provided that the hyperlink accurately describes the content as it appears on the Web site. JILL MENIKETTI reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 14 days. Under no circumstances may you “frame” the Web site or any of its content or copy portions of the Web site to a server, except as part of an Internet service provider’s incidental caching of pages. Each page within the Web site must be displayed in full (including all trademarks, branding, advertising, and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising, or promotional materials not originally displayed on the page within the Web site.
Software Available on Web Site
Any software that is made available to download from this Web site is the copyrighted work of JILL MENIKETTI and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, JILL MENIKETTI hereby grants to you a personal, nontransferable, non-sublicensable license to use the software for viewing and other purposes within the scope of use of such software anticipated by JILL MENIKETTI in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML code, Java applets, Active X controls, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner. None of the material contained on the JILL MENIKETTI site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of JILL MENIKETTI. Violation of this provision may result in severe civil and criminal penalties.
You may make single copies of materials displayed on the Web site for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Web site. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from JILL MENIKETTI or the copyright owner of the copied material. Requests to reproduce materials on the Web site for distribution or other purposes should be mailed to:
JILL MENIKETTI
50 Woodside Plaza #413
Redwood City, CA 94061 USA
Trademarks
“Meniketti” and “Y&T” are trademarks or registered trademarks of MEANSTREAK MUSIC CO., licensed for use by JILL MENIKETTI, and are protected by state and federal trademark laws. Other trademarks appear on the Web site with permission from their respective owners. Your unauthorized use of trademarks appearing on the Web site may constitute trademark infringement, which could subject you to substantial civil penalties.
Termination of Privileges
JILL MENIKETTI reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If JILL MENIKETTI receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, JILL MENIKETTI may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.
Copyright Infringement
JILL MENIKETTI will not tolerate copyright infringement of any kind. JILL MENIKETTI does not, however, monitor user-submitted materials for copyright infringement. If you believe that any material on the Web site infringes your copyright, you may seek to have the material removed by sending JILL MENIKETTI notice that includes all of the following information:
- your full name, address, and telephone number
• your e-mail address
• identification of the copyrighted work(s) that you believe is being infringed
• identification of the infringing material and information sufficient for JILL MENIKETTI to locate the material
• your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate, and (c) under penalty of perjury, you are authorized to act for the copyright owner
• your physical or electronic signature
Direct such notice to JILL MENIKETTI designated agent for receiving copyright infringement notices:
JILL MENIKETTI
50 Woodside Plaza #413
Redwood City, CA 94061 USA
Upon receipt of notice complying with the above requirements, JILL MENIKETTI will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Web site.
If JILL MENIKETTI removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying JILL MENIKETTI’s designated agent in writing and including the following information:
- your full name, address, and telephone number
• your e-mail address
• identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
• your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
• your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for Santa Clara County, California (where JILL MENIKETTI may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
• your physical or electronic signature
Upon receipt of a notice meeting the above requirements, JILL MENIKETTI will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, JILL MENIKETTI will replace or enable access to the removed material unless JILL MENIKETTI receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to JILL MENIKETTI and/or the copyright owner or Web site user.
Community Forums
JILL MENIKETTI may provide chat rooms, message boards and other public posting areas or community forums (“Community Forums”) on the JILL MENIKETTI Web site. If JILL MENIKETTI provides any such Community Forum or if you use a Community Forum, you are solely responsible for your own communications and the consequences of posting those communications. JILL MENIKETTI does not assume any responsibility for the consequences of any Community Forum communications on or arising from use of the JILL MENIKETTI Web site. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
In consideration for being allowed to use the Community Forums, you agree that the following actions shall constitute a material breach of these Terms and Conditions:
• Do not disrespect the privacy and views of others;
• Do not use the Community Forums for commercial purposes, including the promotion of any specific goods or services;
• Do not post obscene, profane, sexually explicit, libelous, slanderous, defamatory, harmful, threatening, illegal, or knowingly false information;
• Do not post blatant expressions of bigotry, racism or hate, material encouraging conduct that may constitute or contribute to a criminal offense, give rise to civil liability or violate any national, state or local law, regulation or authority, or any other material which JILL MENIKETTI finds objectionable;
• Do not use the Community Forums for unlawful purposes;
• Do not impersonate another person;
• Do not allow any other person or entity to use your identification to post or view comments; and
• Do not post material that infringes on the copyright or other intellectual property rights of others or the privacy and publicity rights of others.
JILL MENIKETTI reserves the right to record dialogue in Community Forums. JILL MENIKETTI is not responsible for screening or monitoring material posted by users or any other person or entity. If notified by a user of communications that are alleged not to conform to the terms of this Section, JILL MENIKETTI may investigate the allegation and determine in its sole discretion to remove or request the removal of the communications. JILL MENIKETTI reserves the right to remove communications that are abusive, illegal, disruptive, or that otherwise fail to conform to these Terms and Conditions. JILL MENIKETTI reserves the right (but is not obligated) to edit or delete any communications posted on the JILL MENIKETTI Web site, regardless of whether such communications violate these standards for content.
Furthermore, JILL MENIKETTI reserves the right (but is not obligated) to monitor, edit, or disclose any type of posting on the Community Forums for adherence to the Terms and Conditions, if required in the course of normal operations and maintenance of the JILL MENIKETTI site, or if required to do so by law or in the good faith belief that such action is necessary to (i) comply with the law or comply with legal process served; (ii) protect and defend the rights of JILL MENIKETTI or others; or (iii) act in an emergency to protect the personal safety of our users or the public. JILL MENIKETTI HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
JILL MENIKETTI does not represent or guarantee the truthfulness, accuracy or reliability of any of the material posted by Community Forum users, or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTENT POSTED IN A COMMUNITY FORUM IS AT YOUR OWN RISK.
Any public Community Forum areas are for discussion and debate only. You may not use any Community Forum area to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation, or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. JILL MENIKETTI shall have the right, but not the obligation, to monitor any Community Forum areas of the Web site to determine compliance with these Terms and Conditions and any other operating rules that may be established by JILL MENIKETTI from time to time.
By posting messages or other material in any Community Forum areas of the Web site, you are granting to JILL MENIKETTI and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed.
Through your use of the JILL MENIKETTI Community Forums, you are agreeing to all of the aforementioned Terms and Conditions of Use for such Community Forums contained herein.
You agree to defend, indemnify, and hold harmless JILL MENIKETTI and its officers, directors, affiliated companies, employees, agents, licensors, and suppliers, from and against any and all claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of any Community Forums or use by others of any community forums with respect to you, including, without limitation, any claim of libel, defamation, harassment, violation of rights of privacy or publicity, loss of service or infringement of intellectual property or other rights, or violation of these Terms and Conditions.
Termination of Privileges
JILL MENIKETTI reserves the right to terminate your privilege of using all or any portion of the Web site if you breach any of these terms and conditions of use. If JILL MENIKETTI receives notice or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, JILL MENIKETTI may terminate your access to the Web site, including all of your privileges or accounts that you may have established in connection with the Web site.
General
These Terms and Conditions (including the privacy policy attached hereto, which shall be deemed to be a part of these Terms and Conditions) constitute the entire agreement and understanding between you and JILL MENIKETTI with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions also are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. JILL MENIKETTI reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by JILL MENIKETTI. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Jurisdiction
The Web site is controlled and operated by JILL MENIKETTI from its principal office in the State of California, United States of America. JILL MENIKETTI makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject JILL MENIKETTI to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America.
JILL MENIKETTI PRIVACY POLICY
For each visitor to the Web site, JILL MENIKETTI’s servers automatically collect information about which pages are visited and the domain name (e.g. yoururl.com) of visitors. This information is used for internal review, to tailor information to individual visitors and for Web site traffic audits.
JILL MENIKETTI may place a “cookie” on the browser of your computer. The cookie itself does not contain any personally identifying information. A cookie may be used to tell when your computer has contacted the Web site. JILL MENIKETTI uses the information for editorial purposes and for other purposes such as delivery of features and advertisements, so JILL MENIKETTI can customize delivery of information to you without compromising privacy. For example, cookies may be used to ensure that you will not see the same banner advertisement too often in a single session.
Through your use of the Web site, JILL MENIKETTI may collect information about you that identifies you or your household. Normally, you would provide such information when specifically asked for it by JILL MENIKETTI. Any information in JILL MENIKETTI’s possession solely as a result of your use of the Web site and that is associated with you or your household is considered “Personal Information.” It consists of both information supplied by you (e.g. name, address, telephone number, and email address) and information collected about how you use the Web site (e.g. the fact that you have bought merchandise through the Web site). It does not include aggregate information (e.g. the total number of household users older than 18 years, the zip code in which a user lives) or information that you have made public on the Web site or that is otherwise publicly available.
JILL MENIKETTI uses Personal Information only for purposes necessary to provide the Web site and other products and services to you. These purposes are:
• to process requests or orders placed by you
• to perform such normal business operations as billing, collecting, and accounting
• to personalize and publicize the Web site based on your interests, including making you aware of special features, advertisements, and commercial items
• to investigate complaints and to protect the Web site and JILL MENIKETTI, its readers and employees as provided by law or in case of emergency, as determined by legal counsel for JILL MENIKETTI
Except as necessary to process your requests or orders placed through the Web site, JILL MENIKETTI does not rent, sell, barter, or give away any lists containing Personal Information for use by any outside company. JILL MENIKETTI also respects the privacy of data on your personal computer and does not access, read, upload, or store data contained in or derived from your private files without your authorization.
Links
The JILL MENIKETTI Web site contains links to other Web sites. JILL MENIKETTI is not responsible for the privacy practices or the content of such Web sites, including any Web sites that may indicate a special relationship or partnership with JILL MENIKETTI (such as fan-created pages, co-branded pages, or “powered by” or “in cooperation with” relationships). JILL MENIKETTI does not disclose personally identifiable information or unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you that is not subject to JILL MENIKETTI’s control. To ensure protection of your privacy, always review the privacy policy of the Web sites you may visit by linking from the JILL MENIKETTI site.
Opt Out Procedures
You always may opt out of receiving future mailings or other information from JILL MENIKETTI. If the mailing does not have an email cancellation form, send email via the contact form with “REMOVE” in the subject field, and in the body of the email detail the type of information that you no longer desire to receive.
Children’s Privacy
The following additional terms, conditions, and notices apply to use of the Web site by children under the age of 13 years whenever JILL MENIKETTI becomes aware that a user is in that age range:
• Users under 13 years of age may not submit or post information on the Web site without the consent of the user’s parent or legal guardian.
• Although JILL MENIKETTI will apply these children’s terms and conditions whenever it becomes aware that a user who submits Personal Information is less than 13 years old, no method is foolproof. JILL MENIKETTI strongly encourages parents and guardians to supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers to help provide a child-friendly online environment. These tools also can prevent children from disclosing online their name, address, and other personal information without parental permission.
• “Personal information” collected from children may include any of the information defined above as “Personal Information” with respect to general users of the Web site and may be used by JILL MENIKETTI for the same purposes. Except as necessary to process a child’s requests or orders placed through the Web site, JILL MENIKETTI does not rent, sell, barter, or give away any lists containing a child’s Personal Information for use by any outside company.
• If a child enters a game, contest, or other activity sponsored by JILL MENIKETTI on the Web site, the child may be required by JILL MENIKETTI to provide the minimum Personal Information reasonably necessary for the child to participate in such activity.
• A child’s parent or legal guardian may request JILL MENIKETTI to provide a description of the Personal Information that JILL MENIKETTI has collected from the child, as well as instruct JILL MENIKETTI to cease further use, maintenance, and collection of Personal Information from the child.
• If a child voluntarily discloses his or her name, e-mail address, or other personally-identifying information on chat areas, bulletin boards, or other forums or public posting areas, such disclosures may result in unsolicited messages from other parties.
General
These Terms and Conditions constitute the entire agreement and understanding between you and JILL MENIKETTI with respect to use of the Web site, superseding all prior or contemporaneous communications and/or proposals. JILL MENIKETTI reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Web site, you are agreeing to all changes made by JILL MENIKETTI. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The Web site is controlled and operated by JILL MENIKETTI from its principal office in the State of California, USA. JILL MENIKETTI makes no representation that materials on the Web site are appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Web site is not intended to subject JILL MENIKETTI to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America.
Contacting Us
If you have any questions about this privacy statement, the practices of the JILL MENIKETTI site, or your dealings with JILL MENIKETTI, you may contact us at:
JILL MENIKETTI
50 Woodside Plaza #413
Redwood City, CA 94061 USA
