Terms of Use

Date:

Our Terms of Use were last updated on 07/18/2024.

Please read these terms and conditions carefully, before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular, or in plural.

Definitions

For the purposes of these Terms of Use:

“Affiliate” means an entity that controls ownership of 50%, or more of the shares, equity interest, other securities entitled to vote for election of directors, or other managing authority.

“Account” means a unique account created for You to access our Service, or parts of our Service.

“Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BeadsJumbie LLC.

“Country” refers to United States.

“Content” refers to content, such as text, images, or other information that can be posted, uploaded, linked to, or otherwise made available by You, regardless of the form of that content.

“Device” means any device that can access the Service, such as a computer, a cell phone, or a digital tablet.

“Feedback” means feedback, innovations, suggestions sent by You regarding the attributes, performance, or features of our Service.

“Service” refers to the Website's presentations.

“Terms of Use” (also referred as "Terms") means these Terms of Use that form the entire agreement between You and the Company regarding the use of the Service. This Terms of Use Agreement was generated by TermsFeed Terms of Use Generator.

“Third-party Social Media Service” means any services, content (including data, information, products or services), provided by a third-party that may be displayed, included, or made available by the Service.

“Website” refers to SMMAgency, accessible from smmagency.beadsjumbie.com

“You” means the individual accessing, using the Service, the company, other legal entity on behalf of which such individual is accessing, or using the Service, as applicable.

Acknowledgment

These are the Terms of Use governing the use of this Service and the agreement that operates between You and the Company. These Terms of Use set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service are conditioned on Your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users and others, who access, or use the Service.

By accessing, or using the Service, You agree to be bound by these Terms of Use. If You disagree with any part of these Terms of Use then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service are also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information, when You use the Application, or the Website, and it tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Your failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account, if any, on Our Service.

You are responsible for safeguarding the password, if required to, that You use to access the Service and for any activities, or actions, under Your password, whether Your password is with Our Service, or a Third-Party Social Media Service.

You agree not to disclose Your password, if required, to any third party. You must notify Us immediately upon becoming aware of any breach of security, or unauthorized use of Your account.

You may not use as a username the name of another person, entity, or that is not lawfully available for use, a name, trademark that is subject to any rights of another person, or entity other than You, without appropriate authorization, a name that is otherwise offensive, vulgar, or obscene.

Content

Your Right to Post Content

Our Service allows You to post Content, if required. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post, display on, or through the Service, and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it), You have the right to use it, grant Us the rights and license, as provided in these Terms, and (ii) the posting of Your Content on, or through the Service, does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You, or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful, or promoting unlawful activities.

Defamatory, discriminatory, mean-spirited content, including references, commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

Spam, machine – or randomly – generated, constituting unauthorized, or unsolicited advertising, chain letters, any other form of unauthorized solicitation, any form of lottery, or gambling.

Containing, installing any viruses, worms, malware, trojan horses, or other content that is designed, intended to disrupt, damage, limit the functioning of any software, hardware, telecommunications equipment, to damage, obtain unauthorized access to any data, or other information of a third person.

Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.

Impersonating any person, entity, including the Company and its employees, or representatives.

Violating the privacy of any third person.

False information and features.

The Company reserves the right, but not the obligation to, in its sole discretion, determine whether any Content is appropriate and complies with this Terms, refuse, or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit, or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users, or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect, objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors, omissions in any content, loss, damage of any kind incurred, as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss, or corruption of data.

Corrupt, or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up, or changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known, or discovered issues that may affect the backups of Content; You acknowledge that the Company has no liability related to the integrity of Content, or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright, or other intellectual property infringement of any person.

If You are a copyright owner authorized on behalf of one, and You have proven that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email support@beadsjumbie.com and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic, or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.

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.

Identification of the URL, or other specific location on the Service where the material that You claim is infringing is located.

Your address, telephone number, and email address.

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.

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.

Intellectual Property

The Service and its original content (excluding Content provided by You, or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product, or service, without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites, or services, that are not owned, or controlled by the Company.

The Company has no control over, assumes no responsibility for, the content, privacy policies, practices of any third party web sites, or services. You further acknowledge and agree that the Company shall not be responsible, liable directly, indirectly, for any damage, loss caused, alleged to be caused by, or in connection with the use of, reliance on any such content, goods, services available on, or through any such web sites, or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites, or services that You visit.

Termination

We may terminate, suspend Your Account immediately, without prior notice, or liability, for any reason whatever, including without limitation if You breach these Terms of Use.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company, any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service, or $100 (USD) if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company, its suppliers, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data, or other information, for business interruption, for personal injury, loss of privacy arising out of your inability to use the Service, third-party software, third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company, its supplier, has been advised of the possibility of such damages, and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties, limitation of liability for incidental, consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates, their respective licensors, service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company provides no warranty, or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible, work with any other software, applications, systems, services, operate without interruption, meet any performance, reliability standards, be error free, that any error, or defect can, or will be corrected.

Without limiting the foregoing, neither the Company, nor any of the company's provider, makes any representation warranty of any kind, express, or implied: (i) as to the operation, availability of the Service, information, content, materials, or products included thereon; (ii) that the Service will be uninterrupted, error-free; (iii) as to the accuracy, reliability, currency of any information, or content provided through the Service; (iv) that the Service, its servers, the content, or e-mails sent on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties, or limitations on applicable statutory rights of a consumer, so some, or all of the above exclusions and limitations may not apply to You; however, in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms of Use and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern, or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company through its email address, to wit: support@beadsjumbie.com.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are a resident.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited, or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable, or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right, required performance of an obligation under these Terms, shall not effect a party's ability to exercise such right, require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms of Use

We reserve the right at Our sole discretion to modify, or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access, or use Our Service, after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole, or in part, please stop using the website and the Service.

If you have any questions about these Terms of Use, do can contact us:

By visiting this page on our website: contact.beadsjumbie.com

By sending us an email: support@beadsjumbie.com