INTRO.
THE FOLLOWING TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS IN CONNECTION WITH YOUR USE OF JOLIE ID WEBSITE, SO PLEASE REVIEW THEM CAREFULLY. BY CONTINUING TO USE OR ACCESS JOLIE ID WEBSITE AFTER READING THESE TERMS, YOU ARE HEREBY EFFECTIVELY AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS AND CONDITIONS, WHICH MAY BE UPDATED FROM TIME TO TIME. IF YOU ARE UNWILLING OR UNABLE TO ABIDE BY THESE TERMS, PLEASE LEAVE JOLIE ID WEBSITE IMMEDIATELY AND DISCONTINUE YOUR USE INSTANTLY.
By accessing or using Jolie ID, Co. applications, tools and features, including our website, www.jolieid.com, (collectively, the “Jolie ID Website”), You are hereby agreeing that you have read, understood and agreed to the following Terms and Conditions (the “Terms” or the “Agreement”), which are legally binding as entered by and between You and Jolie ID, Co., an Illinois corporation with its principal offices located at 657 W. Fulton St., #607 in Chicago, Illinois 60661 (“Jolie ID”).
1. DEFINITIONS.
1.1 Parties.
“You” and “Your” shall refer to you, as a user and/or customer of Jolie ID Website.
“User” and “Customer” mean someone who accesses, browses, crawls, scrapes or in any way uses Jolie ID Website.
“We,” “Us,” “Our” and “Company” shall refer to Jolie ID.
1.2 Content.
“Content” means text, images, photos, audio, video, and all other forms of data or communication.
“Your Content” or “User Content” refers to the Content that You’ve submitted, transmitted, posted, or made available to Jolie ID.
“Jolie ID Content” means the Content that we’ve created and made available on Jolie ID Website.
“Third Party Content” refers to the Content that originates from parties other than Jolie ID or its Users in connection with Jolie ID Website.
2. CHANGES TO THE TERMS.
We reserve the right to modify Our Terms from time to time as applicable. Although such changes to the Agreement may occur unexpectedly, without any prior notice, the most current version of Our Terms will always be located on this page. When in doubt as to its timeliness, check the top of the page, which should indicate the last date of revision. All modifications to the Terms become effective and legally binding upon their posting onto Jolie ID Website. As such, it is Your responsibility to regularly visit this page to review these Terms. Please note that Your access and use of Jolie ID Website indicate Your acceptance of the effective Terms as of that time.
3. JOLIE ID WEBSITE.
3.1 Purchase Orders. If You wish to purchase a product made available through Jolie ID Website (each purchase, an “Order”), at checkout, You will be prompted to provide certain information about Yourself, including but not limited to email, shipping address, phone number, and payment information (collectively, “Customer Information”). You represent and warrant that the Customer Information You provided is truthful and accurate and that it will continue to be so. At no time are You allowed to impersonate someone else by using their information when placing an Order. Please be advised that We reserve the right to refuse any Order You place with Us. We may, in our sole discretion, limit or cancel quantities purchased per Order. In the event that We make a change to or cancel an Order, We will attempt to notify You by contacting the email and/or billing address/phone number from the Customer Information.
Please note that to use Jolie ID Website, You must be at least 13 years of age. If You are 13 years old or older but under the age 18, You must review this Agreement with a parent or guardian to make sure that You fully acknowledge these Terms. Your permission to access and use Jolie ID Website is subject to the restrictions of this Agreement and Our Privacy Policy.
3.2 Payment Processing. When placing an Order, You agree to pay all charges, including but not limited to all shipping and handling fees, that may be incurred by You or on Your behalf for said purchase Order, at the time of purchase. You shall be responsible for any taxes that may be applicable to Your Order. All payments shall be processed through Stripe, Inc. (“Stripe”). To use Stripe’s services, You must enter into and accept the terms and conditions of the Stripe Connected Account Agreement, located at www.stripe.com/connect/account-terms, and the Stripe Terms of Service, located at www.stripe.com/terms (collectively referred to as the “Stripe Services Agreement”). By accepting this Agreement, You hereby acknowledge and agree to be bound by the Stripe Services Agreement, as may be amended from time to time. You hereby authorize Jolie ID to share with Stripe the Customer Information and any other transactional information related to and associated to the use of the payment processing services, if so necessary. Jolie ID is not a party to the Stripe Services Agreement, and thus, Jolie ID has no obligations or liability to You under said Stripe Services Agreements. If You have any questions regarding payment processing, You should contact Stripe directly.
3.3 Returns. In the event You receive a product that is deemed to be damaged or defective, You must contact us within 14 days of receipt, and we will investigate and review your claim. If the product is in fact damaged or defective, with the packaging unopened and the receipt provided, then we will replace the product at Our sole expense, including any associated shipping fees and taxes (the “Return”). If You wish to return a product that is neither defective nor inconsistent with the product’s description on Jolie ID Website, then We shall have the option, but not the obligation, to send You an alternative product free of charge. When in dispute as to whether a product is defective or non-conforming to an order, Jolie ID shall be the final decision maker in such situations. Notwithstanding the foregoing, Jolie ID shall not be responsible for any fees or inconveniences arising from or relating to such Returns, regardless of defect or conformity.
4. CONTENT.
4.1 Your Content. Given that one of Our main purposes is to facilitate conversations regarding Our products, we truly value the input of our Customers. When You post comments on our blog pages, these comments are considered part of Your Content, which You represent and warrant to own or to have obtained proper authorization to publish. Be advised that you may expose yourself to liability for posting, transmitting, sharing or otherwise making available Content that is false, intentionally misleading, defamatory, infringing upon third-party rights, unlawful, or otherwise harmful. Although we may, at times, review, edit, or remove any Content from Jolie ID Website, we make no representations as to any regular monitoring or checking of the appropriateness, reliability or quality of the Content.
4.2 License to Use Your Content. When You post Your Content to Jolie ID Website, You automatically grant Jolie ID an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content, for any purpose on or in connection with the Jolie ID or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. Also, you irrevocably waive and cause to be waived against Jolie ID and its Customers any claims and assertions of royalties, fees, moral rights or attributions associated with Your Content. If you choose to voluntarily remove Your Content from Jolie ID Website, which you may do at any time, the above granted license will automatically expire.
4.3 Jolie ID Content. As mentioned previously, the information, opinions and comments that You post on Jolie ID Website are Your Content, and You own Your Content. We only provide the platform and online services, which allow you to post Your Content on Jolie ID Website. In turn, we own all Jolie ID Content, which includes visual interfaces, interactive site features, graphics, design, computer codes, software, and all other elements of Jolie ID Website, excluding Your Content and Third Party Content. Also, we possess the copyrights, trademarks, service marks, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Jolie ID Content. Such IP Rights are solely retained by Us, and You have no express or implied rights to modify, reproduce, distribute, create derivative works or adaptations of or in any way exploit any of the Jolie ID Content in whole or in part, unless otherwise authorized to do so.
4.4 Third Party Content. User Content posted on Jolie ID Website may direct You to third-party web sites or include links or information from Third Party Content. Third Party Content is not investigated, monitored or checked for accuracy, reliability or completeness by Us. The posting of any such Third Party Content does not indicate any kind of implied approval or endorsement by us. If you decide to access, use or rely upon any third party websites or Third Party Content, you do so at your own risk.
5. RESTRICTIONS.
The following uses of Jolie ID Website, though not be construed as an exhaustive list of all restrictions, are explicitly prohibited and constitute an automatic violation and breach of this Agreement. All situations involving a possible violation of the Terms may be subject to an investigation by Jolie ID if the Company finds such an investigation to be suitable and appropriate. Nonetheless, as per Your request alone, we are not obligated to enforce any of the following terms and conditions on Your behalf against another Jolie ID Customer.
You represent and warrant that You will not act, perform, assist, encourage or enable others to use Jolie ID Website in such a manner that would result in:
i. Violation of the terms and conditions of this Agreement and/or Company Privacy Policy;
ii. Content that is (a) libelous, defamatory, obscene, abusive, or threatening; (b) an invasion of a party’s privacy rights and/or rights of publicity; (c) an infringement of a party’s intellectual property rights, including any copyrights, trademarks, patents or trade secrets; or (d) unlawful as it violates municipal, state or federal statutes;
iii. Modification, adaptation, appropriation, reproduction, distribution, or creation of derivative works or adaptations of, publicly displays, selling, trading, or in any way the exploitation of Jolie ID Website or Jolie ID Content, except as expressly authorized by the Company;
iv. Reverse engineering of any portion of Jolie ID Website or any attempt to do the same;
v. An unauthorized access to the Jolie ID Website, accounts, computer systems or networks through hacking, password mining or any other similar means;
vi. Computer viruses, worms, defects, Trojan horses or other software viruses;
vii. Advertising or solicitation for funds, goods, or services;
viii. Commercial use of Jolie ID Website, which includes any promotions of a business, a commercial venture or an event;
ix. Solicitation of personal information from minors or submitting or transmitting pornography;
or
x. Violation of any applicable law.
6. PRIVACY.
You hereby represent and warrant that You have read, understood and agreed to the provisions of Our Privacy Policy, which is incorporated herein by reference into this Agreement. Nonetheless, note that We reserve the right to disclose information about You to third parties if, in good faith, We believe that such disclosure is necessary to (a) take action regarding any suspected illegal activities; (ii) enforce this Agreement and Privacy Policy; (iii) comply with court orders, government inquiries, or legal process served on Us; or (iv) protect our rights, reputation and property as well as that of Our Users and visitors.
7. THIRD PARTIES.
Jolie ID Website may include links to other websites or applications (“Third Party Resources”). Note that we do not control or endorse any Third Party Resources, and consequently, are not responsible for any information or content related to such Third Party Resources. Your access and use of Third Party Resources is at Your own risk.
8. INDEMNITY.
You agree to indemnify, defend, and hold Jolie ID, its subsidiaries, affiliates, any related companies, and each of their directors, officers, agents, contractors, partners, employees, and representatives harmless from any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) any User Content, Third Party Content or Jolie ID Content posted or shared by You on or through Jolie ID Website; (ii) Your access to or use of Jolie ID Website; (iii) Your violation of the Terms and/or Privacy Policy; (iv) Your infringement upon the intellectual property rights of any person or entity. Jolie ID, at Your expense, may choose to assume the exclusive defense and control of any matter that requires indemnification by You. In such a situation, You hereby agree to fully cooperate with Our defense of these claims and to not enter into any settlement without Our prior written consent.
9. COMPANY DISCLAIMERS AND LIMITATIONS OF LIABILITY.
Each of the subsections below applies up to the maximum extent permitted under the applicable law. Nothing contained herein is intended to limit any rights that You may have which may not be lawfully limited. If You are unsure about this or any other section of this Agreement, please consult a legal professional prior to continuing to access or use of Jolie ID Website. By accessing or using Jolie ID Website, You represent and warrant that You have read, understood and agreed to these Terms. You are giving up substantial legal rights by agreeing to these Terms.
i. JOLIE ID WEBSITE IS MADE AVAILABLE TO YOU ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT JOLIE ID IS NOT OBLIGATED TO MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF JOLIE ID WEBSITE IS AT YOUR OWN DISCRETION AND RISK. JOLIE ID MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF JOLIE ID WEBSITE, ITS SAFETY OR SECURITY, OR CONTENT. ACCORDINGLY, JOLIE ID IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM JOLIE ID WEBSITE INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE POSTINGS AND ANY OTHER CONTENT THEREON.
ii. JOLIE ID MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY OR THIRD PARTY CONTENT LISTED ON JOLIE ID WEBSITE. ACCORDINGLY, JOLIE ID IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THIRD PARTY ACTIONS OR OMISSIONS. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES IS AT YOUR OWN DISCRETION AND RISK.
iii. JOLIE ID EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS AND CERTIFICATIONS OFFERED BY THIRD PARTIES ON JOLIE ID WEBSITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A JOLIE ID REPRESENTATIVE SHALL CREATE A REPRESENTATION OR WARRANTY.
iv. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH JOLIE ID WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF JOLIE ID WEBSITE.
v. JOLIE ID DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
10. GOVERNING LAW AND VENUE.
By accessing or using Jolie ID Website, You agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern this Agreement. For any claim, cause of action or dispute brought by either party, You hereby agree to submit and consent to the personal and exclusive jurisdiction and exclusive venue of the state and federal court located within Cook County, Illinois.
11. TERM AND TERMINATION.
You may terminate this Agreement at any time by discontinuing your use and access of Jolie ID Website. Nonetheless, We may, at any time, suspend your ability to use certain features or portions of Jolie ID Website, and/or ban You completely from the Jolie ID Website, for any or no reason, and without notice or liability.
12. MISCELLANEOUS.
These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Jolie ID regarding the use of Jolie ID Website, superseding any prior agreements between You and Company relating to Your use of the Jolie ID Website. The failure of Jolie ID to exercise or enforce any rights or provisions pursuant to these Terms shall not constitute a waiver of such rights or provisions in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.