Terms Of Service

369DUF INC. (JELLYFILLEDGIRLS ©) is the administrator and operator for fans.thejellyfilledgirls.com. 369DUF INC. (JELLYFILLEDGIRLS ©) does not oversee any of the related Third Party Vendors associated with this site (see section 2 below).

TERMS OF USE AGREEMENT 

This Terms of Use Agreement (“Agreement”), along with our Company Privacy Policy fans.thejellyfilledgirls.com/page/privacy-policy, constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and 369DUF INC. (JELLYFILLEDGIRLS ©)  and its affiliated companies, Websites, applications and tools (collectively, 369DUF INC. (JELLYFILLEDGIRLS ©), “Company” or “we” or “us” or “our”), concerning your access to and use of the fans.thejellyfilledgirls.com Website(s) as well as any other media form, media channel, mobile website related or connected thereto (collectively, the “Sites”). The Sites provide the following service: social network experience (“Company Services”). Supplemental terms and conditions or documents that may be posted on the Sites from time to time, are hereby expressly incorporated into this Agreement by reference. 

Company makes no representation that the Sites is appropriate or available in other locations other than where it is operated by Company. The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. 

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not permitted to register for the Sites or use the Company Services. 

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITES. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE SITES.

 

PURCHASES PAYMENT 

369DUF INC. (JELLYFILLEDGIRLS ©) may offer a free trial or sample of our products or services. The duration of the free trial period and all other details of the offer will be posted on our Sites If you wish to try our free options please read through them carefully first. 369DUF INC. (JELLYFILLEDGIRLS ©) will bill you through a payment provider for our Services. By using our paid options you agree to pay 369DUF INC. (JELLYFILLEDGIRLS ©)  all charges at the prices then in effect for the products or services you or other persons using your billing account may purchase, and you authorize 369DUF INC. (JELLYFILLEDGIRLS ©) to charge your chosen payment provider for any such purchases. 

You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you agree to us charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. 369DUF INC. (JELLYFILLEDGIRLS ©) reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by the Company. The Company may change prices at any time. All payments shall be in U.S. dollars. 

 

CANCEL SUBSCRIPTION

Users with active subscriptions can use one of the following cancellations methods:

CANCEL VIA MY SUBSCRIPTION PAGE

  • Users can access the MY SUBSCRIPTIONS page by selecting the Subscription menu option. Any active subscriptions will present the CANCEL option under Action. By selecting CANCEL you will terminate the recurring billing for the Creator selected. If you cancel a subscription, you will continue to have access to the Creator’s Content until the end of the current subscription period. After the current subscription period ends no further payments will be processed for the subscription for the Creator the Cancel Action was executed against. ***You must apply the Cancel Action for each Creator that you wish to Cancel the subscription for.

CANCEL USING CCBILL SUPPORT

Billing Issues:
If you'd like to cancel your subscription and not be billed, or for any billing questions including refunds on a case-by-case basis, please contact our billing partner, CCBill via phone 1.888.596.9279, or email at consumersupport@ccbill.com.

Complaints:
For all complaints, please contact us through complaints@thejellyfilledgirls.com. Complaints will be reviewed and resolved within seven (7) business days. That resolution will then be communicated to the Complainant. Appeals or requests for any decision made should be presented, again, to appeals@thejellyfilledgirls.com.

Appeals:
If you have been depicted in any content and would like to appeal removal of such content, please notify us by email appeals@thejellyfilledgirls.com. If there should be disagreement regarding an appeal, we will allow the disagreement to be resolved by a neutral party.

If you have any questions please submit your inquiry to the following: https://fans.thejellyfilledgirls.com/page/contact-us  

 

REFUND AND RETURN 

All refunds are handled on a case by case basis.

 

USER REPRESENTATIONS 

Regarding Your Registration 

By using the 369DUF INC. (JELLYFILLEDGIRLS ©), you represent and warrant that: 

  1. All registration information you submit is truthful and accurate; 
  2. You will maintain the accuracy of such information; 
  3. You will keep your password confidential and will be responsible for all use of your password and account; 
  4. You are 18 years of age or older, and you are the owner of the documents provided as proof.
  5. Your use of the Company Services does not violate any applicable law or regulation. 

You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Sites’ registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Sites (or any portion thereof). 

We reserve the right to remove or reclaim or change a username you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name. 

 

THIRD PARTY WEBSITES AND CONTENT 

This site does not contain any third party content. The site only third party link is directed to the official THEJELLYFILLEDGIRLS © website thejellyfilledgirls.com which can be access by clicking on the footer menu title The Official JFG Website

 

SITE MANAGEMENT 

369DUF INC. (JELLYFILLEDGIRLS ©) reserves the right and obligation to : 

  1. monitor the Sites for violations of this Agreement; 
  2. take appropriate legal action against anyone who, in THEJELLYFILLEDGIRLS © sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities; 
  3. in THEJELLYFILLEDGIRLS © sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or any THEJELLYFILLEDGIRLS © policy; 
  4. in Company’s sole discretion and without limitation, notice or liability to remove from the Sites or otherwise disable all files and content that are excessive in size or are in any way burdensome to THEJELLYFILLEDGIRLS © ‘s systems; 
  5. otherwise manage the Sites in a manner designed to protect the rights and property of THEJELLYFILLEDGIRLS © and others and to facilitate the proper functioning of the Sites.

 

COPYRIGHT CLAIMS - DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY 

369DUF INC. (JELLYFILLEDGIRLS ©) respects the intellectual property rights of others. Per the DMCA, 369DUF INC. (JELLYFILLEDGIRLS ©) will respond expeditiously to claims of copyright infringement on the Site if submitted to 369DUF INC. (JELLYFILLEDGIRLS ©) Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, 369DUF INC. (JELLYFILLEDGIRLS ©) will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content.

If you believe that content available on or through our Sites infringes one or more of your copyrights, please immediately notify our Designated Copyright Agent by mail, email or faxed notice (“Notification”) providing the information described below, which Notification is pursuant to DMCA 17 U.S.C. § 512(c)(3). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that content located on or linked to by our Sites infringes your copyright, you should consider first contacting an attorney. Our Sites has a policy of terminating repeat infringers in appropriate circumstances. 

If you believe that your intellectual property rights have been violated by 369DUF INC. (JELLYFILLEDGIRLS ©) or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

  1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. A description of where the material that you claim is infringing is located on the Site;
  3. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not THEJELLYFILLEDGIRLS ©, can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
  5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;
  6. Your electronic or physical signature.

369DUF INC. (JELLYFILLEDGIRLS ©) may request additional information before removing any allegedly infringing material. In the event 369DUF INC. (JELLYFILLEDGIRLS ©) removes the allegedly infringing materials, 369DUF INC. (JELLYFILLEDGIRLS ©) will immediately notify the person responsible for posting such materials that 369DUF INC. (JELLYFILLEDGIRLS ©) removed or disabled access to the materials. 

COPYRIGHT COUNTER NOTIFICATION

If your content was removed due to a copyright claim and you believe it was a mistake or a case of misidentification, you can submit a counter notification. You must submit the following information to proceed with the Copyright Counter Notification process:

  • Full Name
  • Email Address
  • Physical Address
  • Telephone Number
  • Links to Content or General Content Information Such as Creator Page or URL.
  • State In Your Own Words Why You Believe The Removal Of The Content At Issue Was A Mistake.
  • Include The Following Legal Statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which THEJELLYFILLEDGIRLS © is located, and will accept service of process from the claimant."
  • Include The Following Statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • Physical or Electronic Signature Of The Uploader.

COPYRIGHT AGENT

Pursuant to 17 U.S.C. 512(c). 369DUF INC. (JELLYFILLEDGIRLS ©) designated Copyright Agent is:

Agent: Technical Director - 369DUF INC. (JELLYFILLEDGIRLS ©)
Email: recordsmanagement@macroreachmarketing.com

 

APPEALS POLICY FOR NON-CONSENSUAL CONTENT

THEJELLYFILLEDGIRLS © respects any individual that reports any type of media, such as post, pictures, images or videos that have been added to fans.thejellyfilledgirls.comwithout their consent or using any non-consensual type of format. We may remove reported post, pictures, images or videos that were created, uploaded or shared without consent. 

REQUIREMENTS

  1. The post, picture, image or video clearly shows you or can be directly linked to you.
  2. You didn't consent to the post, picture, image or video and it was made available on thejellyfilledgirls
  3. .com - you intended the content to be private and the post, picture, image or video was made available without your consent on fans.thejellyfilledgirls.com.

REQUEST TO REMOVE NON-CONSENSUAL CONTENT

If you believe content was loaded without your consent please provide the following information to the designated Copyright Agent listed below:

  1. A description of the content that you claim that has been created, uploaded or shared without consent;
  2. A URL or description of where the material that has been created, uploaded or shared without consent is located on fans.thejellyfilledgirls.com;
  3. An address, telephone number and email address where we can contact you;
  4. A statement that you have a good-faith belief that the use is not authorized by you;
  5. Your electronic or physical signature.

AFTER REQUEST TO REMOVE

  1. We will notify you that your request has been received.
  2. We will review the request to remove the non-consensual content based on the information you provide.
  3. We may request more information, if needed. If the request doesn’t have enough information for us to evaluate, such as missing URLs or descriptions of created, uploaded or shared content, we’ll share specific instructions and ask you to resubmit the request.
  4. You will be notified of actions taken. If the review yields that a violation of non-consensual material was created, uploaded or shared; you will be provided with the specific post, picture, image or video and the URL where it was located that was removed. If the request doesn't meet the requirements for removal, we’ll also include a brief explanation.

DISPUTES

If the review does not yield any violations then any disputes will prompt us to request additional evidence from the person that submitted the non-consensual content removal request to ascertain if there were any violations committed. If we still come to the same decision that no violations occurred, then we will use a neutral mediator to review the complaint. The website (fans.thejellyfilledgirls.com) will be responsible for acquiring the neutral mediator.

COPYRIGHT AGENT

Pursuant to 17 U.S.C. 512(c). 369DUF INC. (JELLYFILLEDGIRLS ©) designated Copyright Agent is:

Agent: Technical Director - 369DUF INC. (JELLYFILLEDGIRLS ©)
Email: admin@thejellyfilledgirls.com 

 

TERM AND TERMINATION 

This Agreement shall remain in full force and effect while you use the Sites or are otherwise a user or member of the Sites, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below. 

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, THE COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITES AND THE COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND THE COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITES AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN THE COMPANY’S SOLE DISCRETION.

In order to protect the integrity of the Sites and Company Services, the Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the Sites and the Company Services. 

Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes. 

YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF THE COMPANY’S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS RESIDING IN STATES WITH SUCH LAWS. 

If the Company terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS 

To Agreement 

The Company may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Sites and revisions will be indicated by date. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification becomes effective. The Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Sites for updates to this Agreement and you will read the messages we send you to inform you of any changes. Modifications to this Agreement shall be effective after posting. 

To Services 

Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.

 

DISPUTES 

Between Users

If there is a dispute between users of the Sites, or between users and any third party, you understand and agree that the Company  is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services. 

With Company 

  1. Governing Law; Jurisdiction. This Agreement and all aspects of the Sites and the Company Services shall be governed by and construed in accordance with the internal laws of the State of Georgia, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Fulton County, State of Georgia, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action or proceeding by you related in any way to the Sites or Company Services be instituted more than two (2) years after the cause of action arose. 
  2. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. 
  3. Binding Arbitration. If you and the Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Fulton County, State of Georgia. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. 
  4. Restrictions. You and the Company agree that any arbitration shall be limited to the Dispute between the Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 
  5. Exceptions to Informal Negotiations and Arbitration. You and the Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor the Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and the Company agree to submit to the personal jurisdiction of that court.

 

CORRECTIONS 

Occasionally there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

 

DISCLAIMERS 

The Company cannot control the nature of all of the content available on the Sites. By operating the Sites, The Company does not represent or imply that the Company endorses any blogs, contributions or other content available on or linked to by the Sites, including without limitation content hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Sites or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Sites or Company Services. 

YOU AGREE THAT YOUR USE OF THE SITES AND THE COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITES AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITES OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITES OR ANY HYPERLINKED SITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY 

IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES OR COMPANY SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF THREE (3) MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING. 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

INDEMNITY 

You agree to defend, indemnify and hold the  Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the Company Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, the Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the  Company, and you agree to cooperate, at your expense, with the Company’s defense of such claims. The Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

NOTICES 

Except as explicitly stated otherwise, any notices given to the Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

 

USER DATA 

Our Sites will maintain certain data that you transfer to the Sites for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against the Company arising from any such loss or corruption of such data.

 

ELECTRONIC CONTRACTING 

Your use of the Company Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

 

ELECTRONIC SIGNATURES 

Users are allowed on https://fans.thejellyfilledgirls.com/ to transmit and receive valid electronic signatures in the United States under the Electronic Signatures in Global and National Commerce Act (E-Sign Act) of 2000 and the Uniform Electronic Transactions Act (UETA) of 1999 as adopted by individual states. Users’ signatures and identities are not authenticated on https://fans.thejellyfilledgirls.com/.

 

MISCELLANEOUS 

This Agreement constitutes the entire agreement between you and the Company regarding the use of the Company Services. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. The Company shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforce-ability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and the  Company as a result of this Agreement or use of the Sites and the Company Services. Upon Company’s request, you will furnish the Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against the Company by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement. 

 

CONTACT US 

In order to resolve a complaint regarding the 369DUF INC. (JELLYFILLEDGIRLS ©) or to receive further information regarding use of the 369DUF INC. (JELLYFILLEDGIRLS ©), please contact 369DUF INC. (JELLYFILLEDGIRLS ©) as set forth below or, if any complaint with us is not satisfactorily resolved, and you are a California resident, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 “R” Street, Sacramento, California 95814 or by telephone at 1-916-445-1254.