Terms of Service (State Agencies)
Terms of Service (State Agencies)
This Agreement (the “Agreement”) between The Jellyvision Lab, Inc. (“Jellyvision,” “we,” or “us”) and you (“you”) states the terms and conditions under which you may download, access, and use any module in the ALEX® suite of products on any platform, including, but not limited to, any website on which an ALEX® module is made available and any downloadable mobile application (e.g., an iPhone or Android app) (collectively, the “Service”).
This Agreement is between you and Jellyvision only, and not with your sponsoring state agency (state/agency) or any mobile device operator or app distributor (e.g., Apple, Google, Samsung, or Microsoft).
1. ABOUT THE SERVICE
The Service consists of a virtual host, ALEX®, that provides users with information and interactive counseling. The Service is available only to authorized users, pursuant to the terms and conditions of this Agreement, who have been provided with an access code or URL for the specific version of the Service tailored to their state/agency. You may not share the access code or state/agency-specific URL with others, unless expressly permitted by your state/agency. If you have not been given access to the Service from an authorized state/agency, or have not been otherwise permitted to use the Service by Jellyvision, you may not download, access, or use the Service.
2. LIMITED LICENSE TO USE THE SERVICE
A. Subject to your compliance with this Agreement, Jellyvision grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely for your personal, non-commercial use. If you downloaded a version of the Service for mobile devices (e.g., an iPhone app), your license is limited to use of the Service on each mobile device that you own or control that is associated with the account through which the mobile application was downloaded and as permitted by the usage rules set forth in the applicable platform’s (e.g., Apple App Store) terms of service.
B. You agree not to (i) use the Service for any use or purpose other than as expressly permitted by this Agreement; (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Service or any portion thereof, except as expressly permitted in this Agreement; (iii) use the Service for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Service; or (iv) remove any proprietary notices or labels in the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Jellyvision or its licensors, except for the permissions and rights expressly granted in this Agreement.
C. The terms of this Agreement apply to all upgrades and updates to the Service provided by Jellyvision, unless such upgrade or update is accompanied by a separate license, in which case the terms of that license will govern.
D. Jellyvision reserves the right to refuse any user access to the Service without notice for any reason, including, but not limited to, a violation of this Agreement.
3. PROPRIETARY RIGHTS
A. All content and materials comprising the Service, including without limitation, software, computer code, artwork, graphics, video, animations, sounds, musical compositions, audio-visual effects, games, titles, themes, objects, icons, virtual items, characters, stories, dialogue, catch phrases, concepts, formats, effects, methods of operation, and documentation, and the selection and arrangement thereof (“Content”) and the trademarks, service marks, trade dress, and logos contained therein (“Marks”), as between you and Jellyvision, are owned by Jellyvision or its licensors. All other trademarks, service marks, trade names, and logos used on the Service, with or without attribution, are the property of their respective owners.
B. You acknowledge and agree that the Content and Marks are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws of the United States and similar laws of other jurisdictions. Jellyvision reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Content and Marks. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading, accessing, or using the Service.
C. Jellyvision shall not be obligated to indemnify or defend you with respect to any third party claim arising out or relating to the Service or your use of the Service. To the extent Jellyvision is required to provide indemnification by applicable law, Jellyvision, not the mobile device operator or app distributor, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Service, or your use of the Service, infringes any third party intellectual property right.
4. USER INFORMATION
5. RULES OF CONDUCT
Your use of the Service is subject to all applicable local, state, and national laws and regulations. You shall not use, allow, or enable others to use the Service in any manner that is, attempts to, or is likely to:
• be libelous, defamatory, vulgar, indecent, or obscene, pornographic, sexually explicit, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us or your state/agency, our goodwill, name, or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features or functions of the Service, or from advertising, linking, or becoming a supplier to us in connection with the Service;
• use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third party software designed to modify or interfere with the Service;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called “spamming” and “phishing”;
• unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmit, distribute, or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order, or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person, firm, or enterprise;
• gain unauthorized access to the Service, other users’ accounts, names, passwords, personally identifiable information, or other computers, websites, or pages, connected or linked to the Service;
• modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Service or the rights of use and enjoyment of the Service by any other person, firm, or enterprise; or
• use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement.
6. USER FEEDBACK
In general, Jellyvision does not accept unsolicited submissions including, without limitation, submissions of product ideas, information, suggestions, proposals, or concepts (collectively, “User Feedback”). Therefore, any similarity between an unsolicited submission and any elements in a Jellyvision creative work or Service would be purely coincidental. However, as part of the Service, we may request feedback from our users in the form of a survey or similar submission, which may be shared with your state/agency and used by Jellyvision for any purpose. In addition, any and all User Feedback provided by you to Jellyvision, whether solicited or not, and all rights contained therein, will become the sole property of Jellyvision and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed, or deleted as Jellyvision sees fit. You agree that you are not entitled to any compensation, credit, or notice whatsoever in connection with your User Feedback or Jellyvision’s use thereof.
7. THIRD PARTY SERVICES
A. The Service may contain links to third-party websites or resources. You acknowledge and agree that Jellyvision is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Jellyvision of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
B. You acknowledge and agree that your access to and use of any third party content and services and any correspondence or business dealings between you and any third party using the Service are governed by and may require your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. For example, by using the Service in connection with an iTunes Store account, you agree to the latest Apple Usage Rules.
8. DISCLAIMER OF WARRANTY
A. YOUR ACCESS TO AND USE OF THE SERVICE OR ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, JELLYVISION (FOR ITSELF AND ITS LICENSORS, LICENSEES, AND CLIENTS) DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICE OR ANY CONTENT THEREON. JELLYVISION WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICE, OR ANY CONTENT. YOU ALSO AGREE THAT JELLYVISION HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICE. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JELLYVISION OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. FURTHERMORE, YOU ACKNOWLEDGE THAT JELLYVISION AND, IF APPLICABLE, ANY MOBILE DEVICE PROVIDER (E.G., APPLE) HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE SERVICE.
B. To the extent the Service contains 401k information or counseling, the following applies: This Jellyvision Interactive Conversation is designed to provide you with a general education on retirement plans and is not intended to constitute the rendering of legal, tax, investment or accounting advice. Jellyvision does not warrant the accuracy of this information or its applicability to your particular circumstances. Jellyvision specifically disclaims any such warranties and any other liability arising out of this Conversation. If you have any questions you should contact your state/agency or the plan administrator for more information about your benefits and the plan. If there is any conflict between the information provided in this Conversation and the provisions of the plan document, the plan document will govern.
9. LIMITATION OF LIABILITY
A. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JELLYVISION AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CLIENTS, LICENSEES, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; (iv) INJURY TO PERSON OR PROPERTY (INCLUDING DEATH); AND (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT JELLYVISION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN (IF ANY) IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
B. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH JELLYVISION RELATED TO THIS AGREEMENT OR THE SERVICES SHALL BE CEASING USE OF THE SERVICE (AND UNINSTALLING THE APPLICATION, IF APPLICABLE). IN THE EVENT A COURT AWARDS DIRECT DAMAGES DISPUTE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $5.00 OR THE AMOUNT YOU PAID TO JELLYVISION FOR THE SERVICE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
C. IN THE EVENT OF ANY FAILURE OF AN IPHONE MOBILE APP VERSION OF THE SERVICE TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL, AS YOUR SOLE AND EXCLUSIVE REMEDY, REFUND TO YOU THE PURCHASE PRICE PAID, IF ANY, FOR THE APPLICATION. APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE JELLYVISION’S RESPONSIBILITY TO THE EXTENT PROVIDED IN THIS AGREEMENT.
A. Upon Jellyvision’s request, you agree to defend, indemnify and hold harmless Jellyvision, its licensors and Jellyvision affiliates, contractors, vendors, and content providers (“Indemnified Parties”) from all liabilities, claims, demands, costs and expenses, including attorneys’ fees, that arise from or relate to a breach of this Agreement for which you are responsible or in connection with your use of the Service. If, despite the personal nature of the licenses granted to you under this Agreement, you allow any individual to use the Service, or provide to any individual any information received via the Service, you agree to inform such individual of the existence and provisions of this Agreement, which shall be binding upon such individual, and you agree to hold harmless, indemnify and defend the Indemnified Parties from any and all liabilities, claims, demands, costs, and expenses, including attorneys’ fees, related to such individual’s use of the Service.
B. Jellyvision reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Jellyvision in that matter.
11. TERM AND TERMINATION
A. This Agreement shall be effective until terminated.
B. Jellyvision may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this Agreement and the rights afforded to you hereunder with or without prior notice. Furthermore, if you fail to comply with any terms and conditions of this Agreement, then this Agreement and any rights afforded to you hereunder shall terminate automatically, without any notice or other action by Jellyvision. Upon the termination of this Agreement, you shall cease all use of the Service and, if applicable, uninstall any mobile applications comprising the Service.
12. EXPORT CONTROLS
Software available in connection with the Service (the “Software”) is further subject to United States export controls. The Software and any underlying technology may not be exported outside the United States in a manner that is prohibited by applicable export laws and regulations. By downloading or using the Software outside the United States, you assume responsibility for compliance with the foregoing. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. CHANGES TO THIS AGREEMENT
Jellyvision reserves the right, in its sole discretion, to modify or revise this Agreement at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately or, where required by law, 30 days after their publication in connection with the Service. Jellyvision may notify you of any such changes by posting the notice of such changes on the Jellyvision website or sending notice via other means. Your continued use of the Service after any changes or modifications to this Agreement are posted will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the Service.
14. PRODUCT CLAIMS
To the extent the Service contains a mobile application, the following applies: You acknowledge that the app distributor or operating system of your mobile device is not responsible for addressing any claims of you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to, (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Jellyvision’s responsibility for such claims is expressly set forth in this Agreement.
15. THIRD PARTY BENEFICIARY
To the extent the Service contains a mobile application, the following applies: Jellyvision and you acknowledge and agree that, depending on your mobile device operator or app distributor and their applicable terms of service, your mobile device operator or app distributor (such as Apple), may have the right to enforce this Agreement against you as a third party beneficiary.
A. This Agreement states your entire agreement with Jellyvision regarding the use of the Service. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect.
B. No delay or failure to take action under this Agreement shall constitute any waiver by Jellyvision of any provision of this Agreement.
C. This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Jellyvision or affiliates or relating in any way to your use of the Service resides exclusively in the courts of Illinois, and you further consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Illinois, Cook County, in connection with any such dispute.
D. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or such claim shall be barred.
E. Sections 8-10 (warranty, limitation of liability, and indemnity provisions) of this Agreement, as well as all obligations and restrictions placed upon you by this Agreement, shall survive termination of the Service.
F. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jellyvision without restriction.
17. CONTACTING US
If you have any questions about this Agreement, or the practices of Jellyvision’s Service, please contact us at email@example.com or write to us at:
The Jellyvision Lab, Inc.
848 W. Eastman St.
Chicago, IL 60642
Attn: Customer Support