Privacy Policy & Terms of Use
1. ACCEPTANCE OF TERMS
By using this Site ("Site"), or clicking on a button indicating your consent, you agree to these Terms of Use ("TERMS") including but not limited to conducting this transaction electronically, and to disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of California law. If you do not agree to these TERMS, you do not have permission to use the Site. Jalapenyo reserves the right, at its discretion, to change, modify, add, or remove portions of these TERMS at any time. Notification of changes to these TERMS will be posted on the Site or sent via e-mail. If any future changes to these TERMS are unacceptable to you, you must discontinue use of the Site. You can review the most current version of the TERMS at any time at misc/terms(Privacy & Terms)
2. JALAPENYO'S PRIVACY POLICY
It is Jalapenyo's policy to respect the privacy of Members. Therefore, Jalapenyo will not disclose to any third party Member's name or contact information. Jalapenyo will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to:
1. Conform to the edicts of the law or comply with legal process served on Jalapenyo;
2. Protect and defend the rights or property of Jalapenyo;
3. Act under exigent circumstances to protect the personal safety of Jalapenyo's users or the public;
4. Fix or debug problems with the Jalapenyo site.
3. THIRD PARTY SITES
This site may produce automated search results or otherwise link you to other independent third party sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Jalapenyo, and you acknowledge that Jalapenyo is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Jalapenyo or any association with its operators.
4. PROPRIETARY RIGHTS
You acknowledge and agree that all content and materials available on this site ("Content") are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Jalapenyo and the Content owner, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Jalapenyo is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Jalapenyo. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please submit requests to: requests@Jalapenyo.com.
5. USER'S GRANT OF LIMITED LICENSE
By accepting this agreement and/or submitting any Content, you are guaranteeing to Jalapenyo that you are of legal age to enter into contracts (you're not a minor) and have all rights, approvals and/or consents necessary to submit the Content on the terms provided herein. You also guarantee that no permission is required from any other individual or company for us to use the Content and other rights provided herein. You further guarantee to Jalapenyo that the compositions, recordings, lyrics and other materials contained in the Content are original, created only by you and do not contain any "samples" or excerpts from the material of others and do not otherwise infringe on the rights of any other individuals or companies.
At all times you shall retain full ownership of the Content while granting to Jalapenyo the following non-exclusive rights:
1. Grant Jalapenyo the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose without any payment to you.
2. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Jalapenyo will not infringe or violate the rights of any third party.
6. LIMITED LICENSE TO USE SITE
Jalapenyo hereby grants you the limited right to view and use the Site only for the purposes of viewing or playing content, or for accessing information, applications and services ("Service"). Jalapenyo reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to Jalapenyo. Unless you have received specific written permission from Jalapenyo, you may not (i) "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (ii) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.
7. MEMBER CONDUCT
You understand that all Content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Jalapenyo, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Jalapenyo does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to:
1. Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Harm minors in any way, including, but not limited to, content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
3. Impersonate any person or entity, including, but not limited to, an Jalapenyo official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
5. Upload to, distribute through or otherwise publish through the Site any Content that is directly or indirectly commercial in nature or contains any solicitation of funds, promotion, advertising or solicitation for goods or Site. You specifically acknowledge that soliciting other users to join or become users or members of any commercial online web site or other organization is expressly prohibited;
6. Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
7. Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
9. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
10. "Stalk" or otherwise harass another;
11. Collect or store personal data about other users;
12. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
You acknowledge that Jalapenyo does not pre-screen Content, but that Jalapenyo and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Jalapenyo and its designees shall have the right to remove any Content that violates the TERMS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
8. INDEMNITY
You agree to indemnify and hold Jalapenyo, and its makers, friends, or other affiliated persons and entities, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TERMS, or your violation of any rights of another.
9. INTERNATIONAL USE
Jalapenyo makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
10. CHOICE OF LAW AND FORUM
These TERMS shall be governed by and construed in accordance with the laws of the State of California, USA, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TERMS or your use of this site shall be filed only in the state or federal courts located in the State of California, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
11. MODIFICATIONS TO SERVICE
Jalapenyo reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Jalapenyo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that Jalapenyo, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Jalapenyo believes that you have violated or acted inconsistently with the letter or spirit of the TERMS. Jalapenyo may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TERMS may be effected without prior notice, and acknowledge and agree that Jalapenyo may immediately deactivate or delete your Content and/or bar any further access to such files or the Service. Further, you agree that Jalapenyo shall not be liable to you or any third-party for any termination of your access to the Service.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JALAPENYO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. JALAPENYO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JALAPENYO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14. LIMITATION OF LIABILITY
Except where prohibited by law, in no event will Jalapenyo be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Jalapenyo has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Jalapenyo is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Jalapenyo's liability shall in no event exceed the greater of (i) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Jalapenyo, or (ii) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
15. GENERAL INFORMATION
The TERMS constitute the entire agreement between you and Jalapenyo and govern your use of the Service, superceding any prior agreements between you and Jalapenyo. The failure of Jalapenyo to exercise or enforce any right or provision of the TERMS shall not constitute a waiver of such right or provision. If any provision of the TERMS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TERMS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TERMS are for convenience only and have no legal or contractual effect.
16. COPYRIGHT COMPLAINTS
If you believe that your work has been copied and is accessible on the Jalapenyo site in such a manner as to constitute copyright infringement, you may notify us by providing Jalapenyo's copyright agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
3. Your address, telephone number, and email address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Jalapenyo's agent for notice of claims of copyright infringement for Jalapenyo may be reached as follows:
By mail:
Jalapenyo, LLC
Attn: Copyright Agent
484 Lake Park Ave #284
Oakland, CA 94610
By email: copyrightagent@Jalapenyo.com
17. JALAPENYO'S UNSOLICITED IDEA SUBMISSION POLICY
Jalapenyo or any of its employees do not accept or consider unsolicited ideas, including ideas for new promotions, new or improved products or technologies, product enhancements, processes, materials, or marketing and partnership plans. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Jalapenyo's products or marketing strategies might seem similar to ideas submitted to Jalapenyo. So, please do not send your unsolicited ideas or original creative artwork to Jalapenyo or anyone at Jalapenyo. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.
TERMS OF IDEA SUBMISSION You agree that:
1. Your ideas will automatically become the property or Jalapenyo, without compensation to you, and,
2. Jalapenyo can use the ideas for any purpose and in any way, including giving them to others.
PRODUCT FEEDBACK
Jalapenyo does, however, welcome your feedback regarding many areas of Jalapenyo's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using the form found at Customer Support. Please provide only specific feedback on Jalapenyo's existing products or marketing strategies; do not include any ideas that Jalapenyo's policy will not permit it to accept or consider. It's just one more way that Jalapenyo can learn how to best satisfy your needs.
18. VIOLATIONS
Please report any violations of the Terms of Use via Jalapenyo's Customer Service form or by email to: customersupport@Jalapenyo.com