AGREEMENT BETWEEN USER AND Jesters - Ridiculously Tasty
The Jesters - Ridiculously Tasty Web Site is comprised of various Web pages operated by Jesters - Ridiculously Tasty.
The Jesters - Ridiculously Tasty Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Jesters - Ridiculously Tasty Web Site constitutes your agreement to all such terms, conditions, and notices.
Jesters - Ridiculously Tasty reserves the right to change the terms, conditions, and notices under which the Jesters - Ridiculously Tasty Web Site is offered, including but not limited to the charges associated with the use of the Jesters - Ridiculously Tasty Web Site.
LINKS TO THIRD PARTY SITES
The Jesters - Ridiculously Tasty Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Jesters - Ridiculously Tasty and Jesters - Ridiculously Tasty is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Jesters - Ridiculously Tasty is not responsible for webcasting or any other form of transmission received from any Linked Site. Jesters - Ridiculously Tasty is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Jesters - Ridiculously Tasty of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Jesters - Ridiculously Tasty Web Site, you warrant to Jesters - Ridiculously Tasty that you will not use the Jesters - Ridiculously Tasty Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Jesters - Ridiculously Tasty Web Site in any manner which could damage, disable, overburden, or impair the Jesters - Ridiculously Tasty Web Site or interfere with any other party's use and enjoyment of the Jesters - Ridiculously Tasty Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Jesters - Ridiculously Tasty Web Sites.
USE OF COMMUNICATION SERVICES
The Jesters - Ridiculously Tasty Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Jesters - Ridiculously Tasty has no obligation to monitor the Communication Services. However, Jesters - Ridiculously Tasty reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Jesters - Ridiculously Tasty reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Jesters - Ridiculously Tasty reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Jesters - Ridiculously Tasty's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Jesters - Ridiculously Tasty does not control or endorse the content, messages or information found in any Communication Service and, therefore, Jesters - Ridiculously Tasty specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Jesters - Ridiculously Tasty spokespersons, and their views do not necessarily reflect those of Jesters - Ridiculously Tasty.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Jesters - Ridiculously Tasty OR POSTED AT ANY Jesters - Ridiculously Tasty WEB SITE
Jesters - Ridiculously Tasty does not claim ownership of the materials you provide to Jesters - Ridiculously Tasty (including feedback and suggestions) or post, upload, input or submit to any Jesters - Ridiculously Tasty Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Jesters - Ridiculously Tasty, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Jesters - Ridiculously Tasty is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Jesters - Ridiculously Tasty's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Jesters - Ridiculously Tasty WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Jesters - Ridiculously Tasty AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Jesters - Ridiculously Tasty WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Jesters - Ridiculously Tasty WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Jesters - Ridiculously Tasty AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Jesters - Ridiculously Tasty WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Jesters - Ridiculously Tasty AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SERVICE CONTACT : [email protected]
Jesters - Ridiculously Tasty reserves the right, in its sole discretion, to terminate your access to the Jesters - Ridiculously Tasty Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Mateo County, California, U.S.A. in all disputes arising out of or relating to the use of the Jesters - Ridiculously Tasty Web Site. Use of the Jesters - Ridiculously Tasty Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jesters - Ridiculously Tasty as a result of this agreement or use of the Jesters - Ridiculously Tasty Web Site. Jesters - Ridiculously Tasty's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jesters - Ridiculously Tasty's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Jesters - Ridiculously Tasty Web Site or information provided to or gathered by Jesters - Ridiculously Tasty with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Jesters - Ridiculously Tasty with respect to the Jesters - Ridiculously Tasty Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jesters - Ridiculously Tasty with respect to the Jesters - Ridiculously Tasty Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Jesters Web Site are: © 2016 Jesters. All Rights Reserved. All trademarks are property of their respective owners and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Jesters Deluxe Double Cheezburger Pie Selfie Competition
Name of Promotion: Jesters Deluxe Double Cheezburger Pie Selfie Competition
Promoter: Jesters Franchising Head Office, 1/34 Prindiville Drive, Wangara, WA 6065, Australia
Selfie Competition Terms and Conditions
1. This selfie competition is open to Australian residents aged 18 or over, except for Jesters franchisees or employees and their immediate family members, or any other person who is connected in any way with the promotion or administration of this prize draw.
2. By entering this competition you agree that the Promoter may use the contact details you provide, to keep you informed of products and services which they consider may be of interest to you. Your details will remain confidential and will not be shared with any other third party.
3. To enter you are required to take a selfie with the Jesters Deluxe Double Cheezburger Pie and upload it to Instagram with #SayCHEEZ and @JestersPies. Winners will be chosen at random using a number generation system at www.mathgoodies.com
4. The competition runs from 21st May 2018 to midnight on 17th June 2018 (inclusive).
5. Total numbers will be entered into www.mathgoodies.com at 9:30am on 18th June 2018 by the Jesters Franchising Marketing Manager, based at the Jesters Head Office located at Unit 1/34 Prindiville Drive, Wangara WA 6065 and once the system has generated a random number, the winner will be announced on 18th June 2018 via social media.
6. No responsibility will be accepted by the Promoter for entries which are lost, delayed or damaged.
7. All entries are subject to scrutiny to determine whether all requirements have been met. If any entries are deemed to be in contradiction to #1 and #3 in the T&C’s above, they will be excluded.
8. The winner will receive a smart phone to the value of $800 (“the Prize”). The chosen smart phone can exceed the cost of $800, however the competition winner will be required to pay the difference between the cost of the chosen smart phone and the Prize value. The prize winner will be required to purchase the smart phone if the value of the phone exceeds $800 and Jesters Franchising will reimburse the winner $800 into their nominated back account. A receipt for the smart phone must be presented to the Jesters Marketing Manager as proof of purchase before a refund will be offered.
9. The competition winner will be required to confirm to the Promotor which smart phone they would like by 4pm AWST on Monday 9 July 2018. Should the winner not confirm their phone choice by this date and time, a re-draw will be done on Tuesday 10 July 2018 at 9:30am. Total number of entries will once again be entered into www.mathgoodies.com by the Jesters Franchising Marketing Manager, based at the Jesters Head Office located at Unit 1/34 Prindiville Drive, Wangara WA 6065 and once the system has generated a 2nd random number, the re-drawn prize winner will be announced on 10th July via social media.
10. The winner will agree to social media and public relations posts/articles mentioning their name, with a photo of the prize handover – as agreed to when they are contacted by the Jesters Marketing Manager.
11. The Prize must be accepted as offered, there are no alternatives. The Prize cannot be exchanged for cash and is non-negotiable.
12. The decision of the Promoter will be final and binding and no correspondence will be entered into regarding the outcome of the prize draw.
13. Entry into the prize draw implies acceptance of these rules as final and binding.