General Terms of Service
1. Your relationship with JGreen Moneytalkz
1.1 It is important that you take the time to read this document carefully in order to fully understand what is contained within. Before continuing you should print a copy for you own records. Should you have any trouble printing a copy, you can contact JGreen Moneytalkz via email to request a copy.
1.2 Your use of the JGreen Moneytalkz web site including any products, services or software, hereinafter referred to collectively as “Service(s)” in this document and excluding any services provided to you by JGreen Moneytalkz in a separate written agreement are subject to the terms of a legal agreement between you and JGreen Moneytalkz, whose principal place of business is located at PO Box 1214, Clifton Park, NY 12065. This document explains how the agreement is made up and sets out some of the terms in that agreement.
1.3 Unless you otherwise reach an agreement with JGreen Moneytalkz in writing, your agreement with JGreen Moneytalkz, at minimum, will be the terms set forth in this document, hereinafter referred to as “General Terms”.
1.4 Your agreement with JGreen Moneytalkz will also include the terms of any Legal Notices which are applicable to the Services, in addition to the General Terms. All of these terms hereinafter referred to as “Additional Terms” when referring to a particular Service, and will be available for you to read in this document or through the use of that Service.
1.5 The General Terms and the Additional Terms form a legally binding agreement between you and JGreen Moneytalkz in relation to your use of the Services. Hereinafter both the General Terms and Additional Terms will be referred to collectively as “Terms”.
1.6 Additional Terms shall take precedence over General Terms where a contradiction exists between what is stated in the Additional Terms and the General Terms in relation to that Service.
2. Acceptance of Terms
2.1 If you wish to use the Services you must accept the Terms. If you do not agree to the Terms you may not use the Services.
2.2 Ways in which you can accept the Terms:
a) by actual use of the Services and from that point onwards, you understand and accept that JGreen Moneytalkz will treat your use of the Services as acceptance of the Terms; or
b) by clicking Accept or Agree to the Terms where prompted on the JGreen Moneytalkz web site or any other JGreen Moneytalkz Service; or
2.3 You may accept the Terms and may not use the Services if:
a) you are not of legal age to form a binding legal contract with JGreen Moneytalkz; or
b) you are a person barred from receiving the Services under the laws of the United States or any other country including the country which you are resident or from which you use the Services.
3. Provision of Services by JGreen Moneytalkz
3.1 In order to provide the best possible experience to its users, JGreen Moneytalkz will strive to innovate and improve services. You understand and agree that from time to time JGreen Moneytalkz may change or update Services without prior notice to you.
3.2 You acknowledge and agree that if for any reason JGreen Moneytalkz feels it necessary to disable your account, you may be prevented from accessing the Services, including but not limited to your account details, files and other content.
3.3 JGreen Moneytalkz has affiliated legal entities (“Affiliates”). From time to time these companies may provide Services to you on behalf of JGreen Moneytalkz. You acknowledge and agree that any such Affiliates will be entitled to provide Services to you.
4. Use of Services by you
4.1 As part of a registration or payment process for a certain Service, you may be required to provide information about yourself in order to access that Service. Such information may include but is not limited to, your contact details including a valid email address, or identification, etc. You agree that any such information you provide to JGreen Moneytalkz will be accurate and up to date.
4.2 You acknowledge and agree to use the Services as permitted by:
a) All Terms; and
b) any applicable law, regulation or generally accepted practices and guidelines in the relevant jurisdiction.
4.3 You agree not to access or attempt to access, JGreen Moneytalkz Services by any means other than the interface provided by JGreen Moneytalkz.
4.4 You agree not to download any content from JGreen Moneytalkz without express written permission from JGreen Moneytalkz.
4.5 You agree not to interfere or disrupt any Service, server or network connected with JGreen Moneytalkz.
4.6 Unless you have a specific written agreement with JGreen Moneytalkz you may not sell, resell, trade, copy, reproduce or duplicate Services for any purpose.
4.7 You acknowledge and agree that you are solely responsible for any breach of obligations under the Terms and for the consequences including any loss or damage suffered by JGreen Moneytalkz, and that JGreen Moneytalkz has no responsibility to you or any third party for any such breach.
5. Your account security and passwords
5.1 You understand and agree that it is your responsibility to keep private and confidential, any passwords associated with any account you use to access to the Services.
5.2 You agree that you will be solely responsible to JGreen Moneytalkz for all activities carried out under your account.
5.3 If at any time you become aware of unauthorized use or even suspect unauthorized use of your account, you agree to notify JGreen Moneytalkz immediately.
6. Service Content
6.1 You acknowledge and understand that all information presented to you through your use of the Services may contain written text, data files, music, audio files or other sounds, software, video, photographs or other image files produced, owned and submitted or posted by JGreen Moneytalkz or a third party. In the case of third party content, it is the sole responsibility of that third party, be it a person or company from which the content originated. Hereinafter all such information is referred to as “Content”.
6.2 You should be aware that any Content presented to you as part of the Services, including but not limited to advertisements and sponsored Content within the Services may be protected by intellectual property rights which are owned by the advertisers or sponsors who provide such content to JGreen Moneytalkz. You may not copy, modify, reproduce or duplicate any such content, either in part or in whole, without written consent by either JGreen Moneytalkz or the originator of that content.
6.3 JGreen Moneytalkz reserves the right, while having no obligation, to remove, review, pre screen, modify, filter, flag or reuse any or all Content form a Service.
6.4 You understand that by use of a Service you may be exposed to Content you find offensive, indecent or objectionable including sexually explicit material and, therefore, use the Service at your own risk.
6.5 You agree to be solely responsible for any Content that you create, display, or transmit when using a Service and fully accept any consequences as a result, including loss or damage JGreen Moneytalkz may suffer due to your actions.
6.6 JGreen Moneytalkz accepts no responsibility for third party Content or Content that you create.
7. Proprietary rights and intellectual property
7.1 You acknowledge and agree that JGreen Moneytalkz owns all legal rights, title and interest in, and to any Service, including intellectual property right which subsist in any Service whether those rights are registered or not, and wherever in the world those rights may exist.
7.2 You acknowledge a Service may contain information deemed confidential by JGreen Moneytalkz and that you shall not disclose such information without prior written consent from JGreen Moneytalkz.
7.3 Unless you have an agreement in writing from JGreen Moneytalkz, nothing in the Terms gives you the right to use any JGreen Moneytalkz web site address, logos, trade names, trade marks, service marks or other distinctive features of the JGreen Moneytalkz brand.
7.4 If you have obtained a written agreement from JGreen Moneytalkz in which you are given an explicit right to use any brand features, then you agree to use such features in compliance with the agreement and any applicable provisions of the Terms.
7.5 With exception to the limited license set forth in section 12 (License from you to JGreen Moneytalkz), JGreen Moneytalkz acknowledges and agrees that it has no right, title or interest from you or your licensors under these Terms or to Content you may post, submit, transmit or display on or through any Service, including any intellectual property rights which subsist in that content. This applies whether those rights happen to be registered or not, and wherever in the world those rights may exist. You agree to be responsible for protecting and enforcing those rights and that JGreen Moneytalkz has no obligation to do so on your behalf.
7.6 You agree not to alter, remove or obscure any proprietary rights notifications, including copyright and trade mark notifications which may be attached to, or contained within a Service.
7.7 Unless you have obtained express written permission from JGreen Moneytalkz to do so, you agree that by use of a Service, you will not use any trade marks, service mark, trade name, logo of any company or organization in a way that is intended or likely to cause confusion about the owner or authorized user of such marks, names or logos.
8. Copyright and trade mark policies
8.1 JGreen Moneytalkz will respond to any notice of copyright infringement that comply with applicable international intellectual property law, including the Digital Millennium Copyright Act in the United States.
8.2 JGreen Moneytalkz reserves the right to terminate the accounts of repeat infringers of copyright law.
9. Links to other web sites and resources
9.1 Hyperlinks to other web sites, resources or content may be included in the Services. JGreen Moneytalkz has no control over any web sites, resources or content provided by persons or companies other than JGreen Moneytalkz.
9.2 You acknowledge and agree that JGreen Moneytalkz shall not be liable for any loss or damage which you may incur as a result of the external resources or sites, or any products, advertising or other materials on or available from such resources or web sites.
9.3 You understand and agree that JGreen Moneytalkz is not responsible for the availability of any external resources or web sites, and that JGreen Moneytalkz does not endorse any products, advertising or any other materials from such resources or web sites.
10. Language of Terms
10.1 Terms are in English language only and any request for a copy of the Terms will be supplied in the English language only.
10.2 You may use a third party service to translate the Terms. If you choose to do so you accept that this is for your convenience only, and that the English language Terms take precedence over any such translation.
11. Your license from JGreen Moneytalkz
11.1 JGreen Moneytalkz grants you a personal, worldwide, royalty free, non-assignable, non-exclusive, non-transferrable right to use the provided web site and its software as part of a Service provided to you by JGreen Moneytalkz, referred to as “Software” below. The license is for the sole purpose to allow you to use and enjoy a Service provided by JGreen Moneytalkz, in accordance with and in a manner permitted by the Terms.
11.2 You may not (or may not grant another person or organization permission to) modify, copy, decompile, reverse engineer or otherwise attempt to extract any source code from the Software, in whole or in part, unless you have express written permission by JGreen Moneytalkz to do so, or is required by law.
11.3 Unless you obtain written permission from JGreen Moneytalkz to do so, you shall not assign, or grant a sub-license of your rights to use the software, or otherwise transfer any rights to use the Software.
12. License from you to JGreen Moneytalkz
12.1 Copyright and any other rights that you hold in Content which you post, display or submit on or through a JGreen Moneytalkz Service is retained by you. When you post, display or submit any Content, you grant JGreen Moneytalkz a perpetual, royalty-free, worldwide, irrevocable and non-exclusive license to modify, reproduce, publically display, publish and distribute all Content which you post, display or submit on, or through a JGreen Moneytalkz Service. The license is for the sole purpose of allowing JGreen Moneytalkz to promote, display and distribute the Service.
12.2 You acknowledge and agree that this license grants JGreen Moneytalkz with the right to make such Content available to other individuals, companies or organizations with whom JGreen Moneytalkz has relationships for the provision of syndicated services and the right to use such Content in connection with the provision of those services.
12.3 You understand and agree that in undertaking the required technical steps to provide a Service to our users, JGreen Moneytalkz may:
a) make any changes to your Content as deemed necessary to conform that Content to the technical requirements of connecting networks, devices, services or media; and
b) distribute or transmit your Content in various media and over various public networks.
12.4 You confirm and warrant that you have all the rights, power and authority necessary to grant this license to JGreen Moneytalkz.
13. EXCLUSION OF WARRANTIES
13.1 NOTHING IN THESE TERMS, INCLUDING THIS SECTION AND SECTION 14 (LIMITATION OF LIABILITY) SHALL EXCLUDE OR LIMIT JGREEN MONEYTALKZ WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGES CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
13.2 YOU FULLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOU OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS AVAILABLE” AND “AS IS”.
13.3 JGREEN MONEYTALKZ AND ITS SUBSIDIARIES, AFFILIATES OR LICENSORS DO NOT WARRANT OR REPRESENT TO YOU THAT:
A. ANY USE OF THE SERVICES BY YOU WILL BE FREE FROM ERROR, UNINTERRUPTED, TIMELY OR SECURE; AND
B. ANY DEFECTS IN THE FUNCTIONALITY OR OPERATION OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED; AND
C. ANY USE OF THE SERVICES BY YOU WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS; AND
D. ANY INFORMATION ACQUIRED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE RELIABLE OR ACCURATE.
14. LIMITATION OF LIABILITY
14.1 SUBJECT TO THE OVERALL PROVISION IN SECTION 13.1 (EXCLUSION OF WARRANTIES) ABOVE, YOU FULLY ACKNOWLEDGE AND AGREE THAT JGREEN MONEYTALKZ, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
A. ANY LOSS OR DAMAGE THAT MAY BE INCURRED TO YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
I. THE CORRUPTION OF, DELETION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATION DATA TRANSMITTED OR MAINTAINED BY OR THROUGH YOUR USE OF THE SERVICES; OR
II. ANY CHANGES WHICH JGREEN MONEYTALKZ MAY DECIDE TO MAKE TO THE SERVICES, OR FOR ANY TEMPORARY OR PERMANENT CESSATION IN THE PROVISION OF THE SERVICES INCLUDING ANY FEATURES WITHIN THE SERVICES; OR
III. ANY RELIANCE PLACED BY YOU ON THE EXISTENCE, ACCURACY OR COMPLETENESS OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY SPONSOR OR ADVERTISER WHOSE ADVERTISING APPEARS ON THE SERVICES; OR
IV. YOUR FAILURE TO KEEP YOUR ACCOUNT DETAILS OR PASSWORD RELATED TO THE SERVICES SECURE AND CONFIDENTIAL; OR
V. YOUR FAILURE TO PROVIDE JGREEN MONEYTALKZ WITH ACCURATE AND UP TO DATE INFORMATION.
B. ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU UNDER ANY THEORY OF LIABILITY AND HOWEVER CAUSED. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, AND WHETHER INCURRED DIRECTLY OR INDIRECTLY, ANY LOSS OF PROFIT, ANY LOSS OF DATA, ANY LOSS OF BUSINESS REPUTATION OR GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS.
14.2 ANY LIMITATIONS SET OUT ABOVE IN PARAGRAPH 14.1 REGARDING JGREEN MONEYTALKZ LIABILITY TO YOU SHALL APPLY WHETHER OR NOT JGREEN MONEYTALKZ SHOULD HAVE BEEN AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
15.1 As part of granting you access to the services, you agree that JGreen Moneytalkz may place advertisements on the Services.
15.2 You agree that the extent, manner and mode of any advertisements placed within the Services by JGreen Moneytalkz are subject to change without prior or specific notification to you.
15.3 Services may be supported by advertising revenue and may display promotions or advertisements. These promotions or advertisements may be targeted to the Content of information stored on the Services, queries made through the Services or any other information.
16. Change of Terms
16.1 JGreen Moneytalkz reserves the right to make changes to the General Terms and to any Additional Terms at any time. When a change to the General Terms is made, JGreen Moneytalkz will replace these Terms with a new copy of the General Terms. When JGreen Moneytalkz makes a change to any Additional Terms the new Terms will be made available to you from within, or through the affected Services, or via email.
16.2 You Acknowledge and agree that if you use the Services after the date on which the new General Terms or Additional Terms have changed, JGreen Moneytalkz will take that as your acceptance of the updated General Terms or Additional Terms.
17. Other legal Terms
17.1 You understand and agree that the Terms constitute a legal agreement between you and JGreen Moneytalkz which govern your use of the Services with exception to any services which JGreen Moneytalkz may provide to you under a separate written agreement. You further agree that JGreen Moneytalkz may completely replace any prior agreement between you and JGreen Moneytalkz in relation to the Services.
17.2 You understand and agree that JGreen Moneytalkz may send you notification to changes to the Terms, by any means, including but not limited to, mail, email or postings on the Services.
17.3 You may, through the use of, or as a result of the Services, purchase goods or download digital content, which are supplied by another person or company. Any use of these other services, goods or digital content may be subject to separate legal terms between you and the person or company concerned. If such a case arises, the Terms will not affect any legal relationship with these other persons or companies.
17.4 You understand and agree that the parent company and each member of the group of companies, of which JGreen Moneytalkz is a sister shall be third party beneficiaries to the Terms and that all other such companies shall be entitled to directly rely upon, and enforce any provisions of the Terms which confers a benefit on, or rights in favor of them. With exception to this, no other company or person shall be third party beneficiaries to the Terms.
17.5 You understand and agree that if JGreen Moneytalkz should for any reason decide not to immediately, or indefinitely exercise or enforce any legal right or remedy contained in the Terms, or which JGreen Moneytalkz has the benefit of under any applicable law, then this shall not be taken and understood by you to be a formal waiver of JGreen Moneytalkz rights and those rights or remedies will still be available to JGreen Moneytalkz.
17.6 You agree that your relationship with JGreen Moneytalkz, under the Terms shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You further agree that you and JGreen Moneytalkz shall submit to the exclusive jurisdiction of the courts located in the county of Saratoga, New York to resolve any legal matter concerning the Terms. Notwithstanding this, you acknowledge and agree that JGreen Moneytalkz shall be entitled to apply for injunctive remedies, or any other equivalent type of urgent legal relief, in any jurisdiction.
17.7 Should any court of law, having the jurisdiction to decide, rule that any provision of these Terms are not valid, then that provision will be removed from the Terms without affecting the rest of the Terms. All other provisions of the Terms will remain valid and enforceable.
18. Mix Tape Content
18.1 All of the content featured on a JGreen Moneytalkz Mixtape is sent directly to us from independent artists, record labels or third party promoters assigned by a record labels to promote their artists. JGreen Moneytalkz will never illegally download or otherwise illegally obtain and feature artists on a Mixtape whose material has not been provided to us intended for promotional use. If you feel that we have featured any artist without consent then please contact us by email or at the address in section 1.2 (Your relationship with JGreen Moneytalkz). You acknowledge and agree that JGreen Moneytalkz will not be held responsible or liable for material that has been presented to us falsely or has been leaked unintentionally.
18.2 All Mix Tapes featured on JGreen Moneytalkz contain copyright material owned by various respective entities and are strictly for promotional use only. JGreen Moneytalkz does not sell, rent, lease, license or otherwise distribute any Mix Tapes or the material contained within the Mix Tapes for monetary gain. The sole purpose of the Mix Tapes are to provide a service to promote all artists featured on them.
18.3 You acknowledge and agree that by downloading a Mix Tape, it is only for your evaluation of the tracks by the featured artists, and that it is your responsibility and obligation to purchase any track by an artist that you want to keep.
18.4 You expressly understand and agree to delete or erase the downloaded Mix Tape immediately after your evaluation from all locations in which you have temporarily stored the Mix Tape.
18.5 You agree that the evaluation period shall be no greater than one complete play of each track on the Mix Tape or one full week from time of download, and whichever comes first.
18.6 No rights are granted to you for any purpose other than for the evaluation as stated above. You expressly acknowledge and agree that you have no right to sell, rent, loan, lease license or otherwise distribute the Mix Tape’s musical and graphical content, in whole or in part.
19. Ending you relationship with JGreen Moneytalkz
19.1 The Terms can be terminated at any time as set out below, otherwise will remain in effect indefinitely.
19.2 Should you deem it necessary to terminate your legal agreement with JGreen Moneytalkz, you may do so at any time by:
a) closing all accounts you hold in relation to any JGreen Moneytalkz Service you use, when the option is available to you; and
b) by notifying JGreen Moneytalkz in writing and sending to the mailing address of JGreen Moneytalkz which is set out in section 1.2 of these Terms.
19.3 JGreen Moneytalkz reserves the right to terminate this legal agreement with you at any time if:
a) JGreen Moneytalkz is required to do so by law; or
b) JGreen Moneytalkz is in transition to cease provision of Service to users in a country in which you are a resident or from a country which you use the Service; or
c) you are unable or unwilling to comply with the provision of the Terms and therefore in breach of the provision of the Terms; or
d) the provision of Service to you is deemed to be no longer commercially viable by JGreen Moneytalkz.
19.4 Section 3 (Provision of Services by JGreen Moneytalkz) of the Terms shall not be affected by anything in this section regarding provision of Services.
19.5 When the Terms are ended by either party, all legal rights, liabilities and obligations that both you and JGreen Moneytalkz have had benefit from which have accrued over time while the Terms have been in force, or been subject to, or which have been expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 17.6 (Other legal Terms) shall continue to apply to any such rights, obligations and liabilities indefinitely.
October 16, 2009