Use of Site.
You acknowledge that the Site contains descriptions and other material (collectively, the “Web Site”) that are protected by copyright, trademark or other proprietary rights of Just Like Molly and in some cases third-party content providers.
You may not modify any of the Web Site, in whole or part. Specifically, You must display the Web Site as headline hyperWeb Site that connect via a Just Like Molly url to the corresponding full-text profile/article on the site where the profile/article is published. You shall not be entitled to frame an article from a Publisher’s Site or any part thereof within the Your Site and You shall ensure at all times that each of the Web Site on Your site, when clicked, will not open in a frame. You agree that You will at all times conspicuously designate the Publisher as the source of the content.
You may not copy, publish, transmit, reproduce, distribute, redistribute, display, or in any way exploit any of the Web Site, in whole or in part, except as expressly permitted in this Agreement.
You may not sell, license, sublicense, assign, transfer or otherwise economically exploit any of the Web Site, in whole or in part, to any party regardless of that party’s commercial status.
You may reproduce the Web Site on pages not powered directly by Just Like Molly, provided, the text of the headline and the link through the Just Like Molly domain remain unmodified, and the source attributed remains intact. You are not authorized to copy the text from any article, without the express permission of Just Like Molly or the Publisher.
You may write commentary around the Web Site, and sell advertising on the page which contains the Web Site but you shall be solely liable if such commentary and/or advertising violates or infringes on the rights of any Publisher.
The Web Site may not be used on Sites which We determine to be unsuitable. Unsuitable Sites include those that:
• promote sexually explicit materials
• promote violence and/or illegal activities
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• modify the names of publishers or fail to give proper source attribution without publisher permission
• otherwise violate intellectual property rights
Just Like Molly Intellectual Property.
a. The Web Site on the Service contain a link to the Just Like Molly domain. You may not delete, disable, modify or hide this intermediate link to the Just Like Molly Site without written permission from Just Like Molly.
b. You must credit Just Like Molly for use of the Service via a hyperlink to the Just Like Molly web site at the bottom of any Just Like Molly Web Site. If the service does not include a default hypertext link to the Just Like Molly Site, you must attribute the credit by adding a Just Like Molly logo link, available in our Media Kit.
If the Service does include a default hypertext link to the Just Like Molly Site, you may not delete or modify the Just Like Molly Link without prior written permission from Just Like Molly.
You agree to permit Just Like Molly to display your site’s name, logo and URL on Just Like Molly Inc.’ web site, in Just Like Molly Inc. marketing and reporting literature, profile application, and any other advertising.
Responsibility for your Company.
Just Like Molly is an independent provider of Products, Services and Web Site. You are responsible for taking all reasonable precautions to ensure that materials used do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
Our Web Site may contain references and/or Web Site to companies, products and web sites which are owned and operated by Publishers (the “External Sources”). You acknowledge that Just Like Molly is not responsible for the availability of any External Sources. You should contact the companies for those External Sources if you have any concerns regarding such Products, Services and Web Site located on such External Sources.
While we will make commercially reasonable efforts to maintain the currency, accuracy and availability of Products, Services and Web Site, we make no representation that the operation of our Products, Services and Web Site will be uninterrupted or error-free, and We will not be liable for the consequences of any interruptions or errors.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or our Products, Services and Web Site, even if we have been advised of the possibility of such damages. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the use of our Products, Services and Web Site other than in accordance with the terms and conditions of this Agreement.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF Just Like Molly, THE PUBLISHERS, THIRD PARTY Products, Services and Web Site PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Reasonable Access.
Just Like Molly reserves the right to block your access to the Products, Services and Web Site if you are using it in excess of this provision or otherwise unreasonably within the sole discretion of Just Like Molly.
Terms.
The Products, Services and Web Site available through Just Like Molly are delivered in accordance with the terms of a License Agreement. We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Site. We may also choose to use commercially reasonable efforts to notify all users under this Agreement via any email addresses you provide to Just Like Molly. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED UTILIZATION OF THE SERVICE FOLLOWING ANY CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
Termination of Service.
Just Like Molly reserves the right, at its sole discretion, to restrict, suspend or terminate your access to all or any part of Products and/or Web Site at any time for any reason without prior notice or liability.
Independent Investigation.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR COMPANY. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Limitation of Liablility.
You agree that Just Like Molly (and its agents, officers, directors and employees) are not liable for damages of any kind that accompany or result from your use of Products, Services and/or Web Site and any material posted in or on it.
If, notwithstanding the foregoing, Just Like Molly or any of the Third Parties should be found liable for any loss or damage which arise out of or is in any way connected with any of the functions or uses of Products, Services and Web Site or their content, the liability of Just Like Molly and third parties shall no event exceed in the aggregate $100 USD.
Modification
Just Like Molly reserves the right to, without notice, change Products, Services and Web Site, including without imitation with respect to products offered, product information, availability, content and pricing, and may at any time modify the Terms and Conditions of use of Products, Services and Web Site. Please check this page periodically for changes. Your use of Products, Services and Web Site will be conditional upon your acceptace of the Terms and Conditions in force at the time of your use.
Severability
These Terms and Conditions shall be deemed severable. In the event any provision of the Terms and conditions is determined to be unenforceable or invalid, such provision shall be enforced to the fullest extent permitted by applicable law and such determination shall not affect the validity and enforceablility of any other remaining provisions.
This Agreement shall be construed in accordance with the laws of the State of New York. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. In any legal action brought to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to recover its reasonable costs and fees, including attorney fees.
