TERMS OF USER AGREEMENT
This Terms of User Agreement (“Agreement”) constitutes a legally binding agreement between you, whether personally or on behalf of an entity ("User," "you," "your," or "yourself") and 采物 (“JellyTechHub”, “we” or “us”) and governs your use and access to www.jellytechhub.com and other affiliated social media accounts owned by JellyTechHub at Sina Weibo, Facebook, Twitter, Weixin, etc. and any other websites, mobile and other applications, or services that post a link to this Agreement and the information, forums, content and services that JellyTechHub owns, controls or makes available therein (collectively “Sites and Forums”), whether as a guest or a registered user.
By accessing or using the Sites and Forums or by clicking “Accept” or “Agree” to this Agreement when this option is made available to you, you accept and agree to abide by the terms of this Agreement.
I. AGE RESTRICTION
By accessing or using any of the Sites and Forums, you represent and warrant that you are 13 years of age or older. If you do not meet this requirement, you must not access or use any of the Sites and Forums under any circumstances and should not send any information about yourself to us through the Sites and Forums.
II. ACCOUNTS
User may use JellyTechHub Sites and Forums without registering a user account. In order to use certain services on the Sites and Forums, User will need to create an account. All the information User provides when User creates the account must be true, accurate, current and complete. User is responsible for all activities in User’s account as well as the security and protection of login information and passwords.
To be eligible to use or access JellyTechHub Sites and Forums, you must meet the following criteria and you hereby represent and warrant that you:
- are thirteen (13) years of age or older.
- are not currently restricted from our services, or not otherwise prohibited from having an JellyTechHub account;
- are not a competitor of JellyTechHub or are not using the account for reasons that are in competition with JellyTechHub;
- have full power and authority to enter into this Agreement, including on behalf of any entity or other person for whom you are acting as a representative, and doing so will not violate any other agreement to which you, or the person or entity you are representing, is a party;
- will not violate any rights of JellyTechHub, including intellectual property rights such as copyright or trademark rights;
- will not violate any of the terms of this Agreement; and
- agree to provide at your cost all equipment, software, and internet access necessary to use JellyTechHub Sites and Forums or your account.
By using any of the Sites and Forums, you also agree that you are not acting as an agent, representative, or independent contractor of JellyTechHub and that you expressly deny that you have created any such relationship.
III. RULES FOR POSTING MESSAGES ON SITES AND FORUMS
To post messages on JellyTechHub Sites and Forums, User must register a unique username. Duplicate usernames are not allowed, so if the name that User entered is already in use, User will be prompted to choose another one. JellyTechHub, at its sole discretion and without notice, may bar registration from any specific email service or ISP for any reason.
Any message posted on any of the Sites and Forums, including any files attached to posts, expresses only the views of the author of the message and does not necessarily reflect the views of JellyTechHub or any person or entity associated with it. User agrees that User is entirely responsible for the content of, and any harm resulting from, User’s postings to any of the Sites and Forums. Accordingly, neither JellyTechHub nor any person or entity associated with it will be held responsible for the contents, accuracy, completeness, or validity of any information posted on Sites and Forums.
User represents and warrants that by posting or contributing content to the JellyTechHub Sites and Forums, User is not and shall not be in violation of the terms and conditions of any third-party coupon website.
User agrees not to use the Sites and Forums to post any material, or links to any material, or to attach files, which:
- infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
- do not fully comply with any third-party licenses relating to your content and that you have done all things necessary to successfully pass through to viewers any required terms;
- are obscene, lewd, lascivious, filthy, excessively violent, hateful, harassing or otherwise objectionable, libelous or slanderous, incite, encourage or threaten immediate physical harm against another, violate any applicable law, regulation, or rule, and/or violate the privacy or publicity rights of any third party;
- solicit personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and violate any federal or state law concerning child pornography or otherwise intended to protect the health or wellbeing of minors;
- violate any state or federal law or regulation designed to regulate electronic advertising;
- amount to trolling, or the making of controversial statements for the sole purpose of generating responses by others;
- contain any viruses, worms, Trojan horses, malicious code or other harmful or destructive content;
- inundate the Sites and Forums with communications or other traffic suggesting no serious intent to use the website for its stated purpose;
- are posted without the necessary permissions or waivers if your employer has rights to the intellectual property being posted;
- constitute, contain, install or attempt to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of JellyTechHub or another party;
- otherwise violate any provision of this Agreement or any applicable law or regulation; and
- contain any copyrighted material without the express permission from the owner of the copyrighted material, unless such copyright is owned by User or JellyTechHub.
User hereby grants JellyTechHub a perpetual, world-wide, royalty-free license to distribute, copy, adapt, reproduce, transmit, and otherwise use content and information User posts on JellyTechHub Sites and Forums for any purpose and in any media now known or hereinafter developed.
User expressly agrees that JellyTechHub is free to use any ideas, concepts, know-how, or techniques contained in any posting or communication User sends to JellyTechHub without compensation and for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products and services using such information.
JellyTechHub reserves the right to delete any message for any reason whatsoever, at JellyTechHub’s sole discretion. User agrees that User is solely responsible for the content of User’s messages and any harm resulting therefrom, and that User will indemnify and hold harmless JellyTechHub and its agents and employees with respect to any claim based upon the appearance and/or transmission of User’s posting(s). User also agrees to pay JellyTechHub its reasonable attorneys’ fees incurred in defending against any claims made against JellyTechHub arising out of or relating to the appearance and/or transmission of any of User’s posting(s).
IV. OFFERS BY THIRD PARTIES
JellyTechHub provides online coupons as a free service to its Users. Accordingly, User may find third-party coupons, deals, advertisements, promotions, and other offers on the Sites and Forums (collectively "Offers" or individually an “Offer”). Offers are for products and services provided by third parties (each, a "Seller"), and if User chooses to accept an Offer, the transaction will be solely between User and the Seller. JellyTechHub is not a party to, and shall not be held responsible for, any such transaction.
Before accepting or redeeming any Offer, User should carefully read the entire description of the Offer, including any fine print and additional terms and conditions provided on the Seller’s website. User is solely responsible for understanding the terms of the Offer and complying with the Seller’s instructions. All terms, including refund and cancellation policies, are governed by the Seller’s policies. JellyTechHub has no control over, and assumes no responsibility for, any of the Seller’s terms, conditions, or practices. For questions related to an Offer or a transaction, User should contact the Seller directly.
JellyTechHub is not responsible for the redemption, accuracy, errors, omissions, or expiration of any Offer. It is User’s responsibility to verify that a discount, special pricing, or other promotional benefit is applied at the time of checkout with the Seller. JellyTechHub does not guarantee the fulfillment of any Offer.
All Offers and promotions available on the Sites and Forums are subject to change or removal at any time without prior notice.
JellyTechHub has no control over the legality of any Offer made by a Seller, the Seller’s ability to fulfill a transaction, or the quality, safety, or legality of the goods or services promoted in the Offer. JellyTechHub does not guarantee that a Seller will honor an Offer listed on the Sites and Forums and makes no representations as to the accuracy or completeness of Offer details presented either on the JellyTechHub Sites and Forums or on the Seller’s website.
In the event User has a dispute with a Seller related to an Offer, a transaction, or any use of information obtained through the Sites and Forums, User agrees to waive and release JellyTechHub from any and all claims, demands, actions, damages (actual and consequential), losses, costs, or expenses of any kind, whether known or unknown, disclosed or undisclosed, arising out of or in connection with such dispute.
V. JELLYTECHHUB PROGRAMS
From time to time, JellyTechHub may create gift cards, loyalty or other marketing programs, or contests for the benefits of its users (referred to hereafter individually as a “Program” or collectively as “Programs”). The use of or registration for any of the Programs constitute acceptance of this Terms of User Agreement and any additional specific terms and conditions that may apply to each specific program.
JellyTechHub has the unilateral right to discontinue, or change from time to time or at any time, any of the Programs without prior notice. Be sure to check the individual Program terms periodically for updates, as your continued participation in any Program signifies your acceptance of any changed terms and conditions.
VI. GENERAL PROVISIONS
1. Restrictions and Prohibited Activities
You agree that you will not:
- conduct or participate in criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, or stalking;
- advertise to, or solicit any user to buy or sell any products or services;
- transmit chain letters or junk email to other users;
- use any information obtained from the website in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- engage in any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfere with, disrupt, or create an undue burden on any of the Sites and Forums or the networks or services connected thereto;
- attempt to impersonate another user or person;
- use the username of another user;
- sell or otherwise transfer your profile;
- use any information obtained from the website in order to harass, abuse, or harm another person;
- scan, scrape, harvest, monitor or copy any information from any of the Sites and Forums for data gathering purposes in an effort to track sales, usage, aggregate Offer information, pricing information, coupon codes, or similar data;
- use the website in a manner inconsistent with any and all applicable laws and regulations;
- collect any content from the Sites and Forums, including without limitation, collecting, copying, or aggregating coupon codes or deals, and providing such content to third parties in a manner that diverts traffic from JellyTechHub's Sites and Forums without JellyTechHub's express written permission;
- interfere with the proper operation of or any security measure used by any of the Sites and Forums;
- infringe any intellectual property or other right of JellyTechHub or any third party;
- use any of the Sites and Forums in a way that depletes web infrastructural resources, slows the transferring or loading of any web page, or interferes with the normal operation of them;
- submit any content that is purposely inaccurate, fraudulent, or falsifies information in connection with your JellyTechHub account or to create multiple JellyTechHub accounts;
- use the Sites and Forums or any of its contents to advertise or solicit, for any commercial, political, or religious purpose or to compete, directly or indirectly, with JellyTechHub;
- otherwise violate the terms of this Agreement.
2. Disclaimers and Limitations on Liability
The Sites and Forums, and their respective contents, and each third party website accessible from or through this site, are provided to you "as is," without warranty of any kind, either express or implied. JellyTechHub makes no representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of the rights of third parties, data accuracy, systems integration, information protection, quiet enjoyment and all implied warranties including those arising from course of dealing or course of performance.
JellyTechHub does not warrant or make any representations regarding the use or the results of the use of the features of or information available on the Sites and Forums in terms of their timeliness, correctness, accuracy, reliability, or otherwise. While we make reasonable efforts to provide accurate and timely information on this site, you should not assume that the information provided is always up to date or that this site contains all the relevant information available about JellyTechHub or any of its products or services. JellyTechHub undertakes no obligation to verify or maintain the correctness, accuracy, reliability, or currency of such information. Any reliance you place on such information is therefore strictly at your own risk.
Every effort is made to keep the Sites and Forums up and running smoothly. However, JellyTechHub takes no responsibility for and will not be liable for any of the Sites and Forums being unavailable.
User also agrees that JellyTechHub will not be liable for any costs or damages arising out of a dispute between user and any seller, and user hereby expressly waives any such claim against JellyTechHub and its members, officers, directors, employees, parents, subsidiaries, agents and representatives. JellyTechHub does not make any representations or guarantees regarding any goods or services offered or provided by seller or suppliers. JellyTechHub does not make any representations that access to Sites and Forums will be uninterrupted or error-free, and JellyTechHub assumes no responsibility for any damage caused by user’s access, or inability to access, Sites and Forums, including, but not limited to, user’s inability to receive discounts or apply coupons by purchasing items with a participating seller.
In no event shall JellyTechHub be liable to you for any damages, claims, or losses incurred, including compensatory, incidental, indirect, special, punitive, exemplary, and/or consequential damages (including loss of profit, revenue, or use), however caused and under any theory of liability arising out of or in connection with (i) your use of or inability to use any of the Sites and Forums; (ii) any act or omission by JellyTechHub in administering any of the Sites and Forums; (iii) any content found on any of the Sites and Forums; (iv) a third party’s unauthorized access to your information; or (v) the purchase or use of any goods or services of sellers or suppliers, even if such damages were foreseeable or JellyTechHub has been advised of the possibility of such damages, claims, or losses, and notwithstanding any failure of essential purpose of any limited remedy.
In no event shall the total liability of JellyTechHub or any of their owners, officers, members, or employees to you or any third party for all damages, losses, expenses, attorneys’ fees, however caused and under any theory of liability arising out of or in connection with (i) your use of or inability to use any of the Sites and Forums; (ii) any act or omission by JellyTechHub in administering any of the Sites and Forums; (iii) any content found on any of the Sites and Forums; (iv) a third party’s unauthorized access to your information; or (v) the purchase or use of any goods or services of sellers or suppliers, exceed the greater of (a) the price you paid to use or access any of the Sites and Forums or (b) $100.00.
You agree that no suit, claim, or cause of action for breach of this agreement may be brought by you unless such suit, claim, or action is brought within two years and one day after the cause of action for breach of this agreement accrues. You also agree that no other claims or causes of action that relate to or arise out of this agreement or the company’s business relationship with you may be brought by you against the company unless such claim or cause of action is brought within one year of the date the claim or cause of action accrues.
3. Indemnity
User agrees to indemnify, defend, and hold harmless JellyTechHub, its parents, subsidiaries, affiliates, members, officers, directors, and employees from and against any actual or threatened demands of any kind or nature, lawsuits, arbitrations, civil or criminal liabilities, losses, damages, causes of action, judgments, and expenses including court costs, expert fees, and attorneys’ fees made or asserted against them by any third party due to, arising out of, or in connection with (i) user’s use or access of the Sites and Forums; (ii) materials provided to JellyTechHub by you; (iii) your compliance with the terms of this agreement; and (iv) any representations you made to JellyTechHub.
4. Amending the Agreement
JellyTechHub may change the terms of this Agreement from time to time by posting them to this page. Any changes will be effective immediately at the time of posting. Your continued access or use of the Sites and Forums is your acceptance and agreement to be bound by the revised and updated agreement. Accordingly, you should check the terms of this Agreement regularly to determine if this agreement has been modified or changed. You may also accept the terms of any revised and updated Agreements by clicking “Accept” or “Agree” to the revised agreement if this option is made available to you. If you do not want to agree to any modification to the Agreement, you shall immediately terminate your User name, password and registration and stop using your account.
5. Compliance with Laws and Regulations
User agrees to comply with all applicable laws, rules and regulations. User may participate in Sites and Forums if and to the extent that such participation is permitted by such laws, rules and regulations. JellyTechHub may refuse to enroll, or restrict, modify or terminate the username, password and registration without liability to User or to any other third party if User violates any law, rule or regulation, or if User’s participation could raise the concern of violating any law, rule or regulation, or the terms of this Agreement.
6. Proprietary Rights to Content
User acknowledges that the Sites and Forums content, including but not limited to: text, sounds, photographs, graphics, user interfaces, trademarks, logos, video, artwork, computer code, or other material contained in any communication, advertisements or messages, whether by JellyTechHub or JellyTechHub’s advertisers, Seller or affiliated merchants, and service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. User is only permitted to use content, service, or software as expressly authorized by JellyTechHub, its advertisers, Seller and affiliated merchants, as the case may be. User acknowledges that all the intellectual property rights in the Sites and Forums are owned by JellyTechHub or JellyTechHub’s licensors. Access or use of the Sites and Forums does not transfer to User or any third party any rights, title or interest in or to such intellectual property rights.
7. No Right to Copy Site
No part or content of the JellyTechHub Sites and Forums may be copied, reproduced, republished, uploaded, posted, publicly displayed, transmitted, or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise or commercial purpose, without JellyTechHub's express prior written consent.
8. Use of Third Party Links
Some links on the JellyTechHub Sites and Forums will redirect you to third-party sites. These sites are not managed or controlled by JellyTechHub and you therefore access them at your own risk. The appearance of a link on the Sites and Forums do not constitute an endorsement by JellyTechHub and JellyTechHub is not responsible for the content found on any linked site.
9. Credit Card Notice
JellyTechHub has financial relationships with some of the credit card issuers’ affiliated programs mentioned on Sites and Forums and may be compensated if consumers choose to apply for such cards through its links in the content, and ultimately sign up for them. The related content posted by JellyTechHub on Sites and Forums is not provided or commissioned by the credit card issuers. The related opinions expressed by JellyTechHub on Sites and Forums are not from the credit card issuers and have not been reviewed, approved or otherwise endorsed by the credit card issuers.
10. Suspension and Termination
JellyTechHub retains the right, at its sole discretion, to terminate your authorization to access or use the Sites and Forums or to terminate your account at any time and for any reason. Possible reasons for terminating your authorization to access or use the Sites and Forums or suspend or terminate your account may include, but is not limited to, if you violate any terms of this Agreement, if you cause liability to other users of the Sites and Forums, if you do not use your account, or if your account is inactive for twenty-four (24) consecutive months or if the account has been associated with any questionable activity.
11. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without reference to conflicts of law rules, and User irrevocably consents to exclusive jurisdiction and venue in the courts and arbitration located in Collin County, Texas for all matters or actions arising out of, related to or in any way connected with this Agreement or User’s access or use of the Sites and Forums. Furthermore, you hereby agree to waive any right to contest venue or personal jurisdiction in Collin County, Texas.
12. Severability of Provisions
The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement is to be enforced to the fullest extent permissible by law. If any provision of this Agreement is determined in any proceeding binding upon the parties to be invalid or unenforceable, then that provision shall be deemed severed from the remainder of the Agreement, and the remaining provisions of the Agreement shall continue in full force and effect.
13. Incorporation of other terms and conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Sites and Forums, including contests, promotions, or other similar features, all of which terms are made a part of the terms of this Agreement by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between the terms of this Agreement and the terms posted for or applicable to a specific portion of the Sites and Forums or for any service offered on or through the Sites and Forums, the latter terms shall control with respect to your use of that portion of the Sites and Forums or the specific service. JellyTechHub's obligations, if any, with regard to its products and services are offered solely by the agreement pursuant to which they are provided, and nothing on the JellyTechHub Sites and Forums shall be construed to alter such agreements.
14. Assignment
This Agreement shall inure to the benefit of and be binding upon any successor to or assignee, transferee, or purchaser of JellyTechHub whether by contract, merger, or operation of law. JellyTechHub in its sole discretion and without notice to you has the right to assign any and all rights and obligations under this Agreement to a third party. You shall not assign this Agreement without JellyTechHub’s prior written permission. Any attempted assignment or delegation in contravention of this provision shall be void and ineffective.
15. Arbitration and Class Action Waiver
Any controversy or claim arising out of or relating to the terms of this Agreement or JellyTechHub's Privacy Policy (including any claimed breach thereof) shall be settled by mandatory arbitration in accordance with the laws of the Federal Arbitration Act before a single arbitrator. If JellyTechHub and User cannot agree on the appointment of an arbitrator, then such arbitrator shall be appointed by the American Arbitration Association. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association. Other than the initial filing fees to be paid by the person or entity bringing the Arbitration, the costs of the arbitration shall be split 50/50; provided, however, that the arbitrator has no ability to award attorney's fees or costs incurred on any person's behalf in connection with any arbitration proceeding. The Arbitrator is limited to deciding matters that exist between JellyTechHub and User only. The Arbitrator shall follow the case and statutory authorities of Texas and federal law, as may apply to a particular claim. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitration must be on an individual basis. This means neither user nor JellyTechHub may join or consolidate claims in arbitration by or against each other or litigate in court or arbitrate any claims as a plaintiff, representative or member of a class, or in a private attorney general capacity. Only a court, and not an arbitrator, shall determine the validity and effect of this class action waiver. If the class action waiver is deemed to be unenforceable, JellyTechHub and user agree that this agreement is otherwise silent as to any party’s ability to bring a class, collective, or representative action in arbitration. The arbitrator may not consider and has no authority to consider any claims alleged as class or collective actions or as a representative matter.
As noted, the Arbitrator's authority to resolve and make written awards is limited to claims between JellyTechHub and User only. Claims of different individuals or entities may not be joined or consolidated in any arbitration between JellyTechHub and User, and the Arbitrator has no authority whatsoever over such other claims, unless agreed to in writing by JellyTechHub and User. Nonetheless, no arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not named as a party to the arbitration.
16. Use outside of the United States/Void where prohibited
JellyTechHub makes no representation that the information on the Sites and Forums is appropriate or available for use outside of the United States, and access to the Sites and Forums from territories where the content therein may be illegal is prohibited. If you access the Sites and Forums from outside the United States, be advised the Sites and Forums may contain references to products and services that are not available or are prohibited in your country.
Those who choose to access the Sites and Forums from outside of the United States do so based on their own initiative and are responsible for compliance with applicable local laws, about which JellyTechHub makes no warranties or assumptions. Any offer for any feature, product or service on the Sites and Forums is void where prohibited.
17. Contact Information
JellyTechHub may contact you using the contact information you provide us, including by email, phone, or mailing address. JellyTechHub may need to contact you regarding your use of the Sites and Forums or your account, or to provide announcements about the Sites and Forums. JellyTechHub may also contact you to provide you with promotional offers and other marketing. Please refer to JellyTechHub's Privacy Policy to learn how to opt-out of marketing emails.
JellyTechHub complies with all applicable laws and regulations on sending emails, including the CAN-SPAM Act. To request consent or to provide any other notice related to this Agreement, you can contact us here.
18. Unsolicited Submissions
JellyTechHub appreciates receiving comments regarding its products and services. However, it cannot accept or consider ideas, suggestions, proposals, enhancements, materials, including, but not limited to, new products or services, ideas for advertising, promotions, or other marketing offerings other than those we have specifically requested. This policy is intended to help JellyTechHub avoid future misunderstandings when new products, services, and features developed internally by JellyTechHub might be similar or even identical to your idea.
If you send us an unsolicited suggestion, idea, proposal or other material (“Submission”), you agree and warrant that the Submission is non-confidential and non-proprietary and that JellyTechHub may use such Submission or not, as it chooses, in its sole discretion. JellyTechHub shall have no obligations to you concerning the Submission, contractual or otherwise (including, but not limited to, an obligation to keep the Submission confidential or to even review it), and shall not be liable for any use or disclosure of any Submission. Further, you understand and agree that the Submission becomes the sole property of JellyTechHub. By submitting the Submission you also understand and agree that JellyTechHub shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without the requirement to acknowledge you and without compensation to you.
19. Privacy Policy
Registration data and other personally identifiable information will be collected and used by JellyTechHub consistent with our Privacy Policy, which is incorporated herein for all purposes. You can see our Privacy Policy.
20. Entire Agreement
This Agreement constitutes the entire agreement between you and JellyTechHub regarding the access and use of the Sites and Forums. JellyTechHub’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.