Agreement between User and Jeeni Criscenzo (byJeeni.com)

Welcome to the www.byJeeni.com website. The www.byJeeni.com website (the “Site”) is comprised of various web pages operated by Jeeni Criscenzo (byJeeni.com). byJeeni.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.byJeeni.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.

www.byJeeni.com is a blog, portfolio and e-commerce site. It is a way to share the poetry and writings of Jeeni Criscenzo and to sell her work as well as other items that she is legally permitted to sell.

Privacy

Your use of byjeeni.com is subject to byJeeni.com’s Privacy Policy. Please review the Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting www.byJeeni.com or sending emails to byJeeni.com constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communication that we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communications be in writing.

Your Account

If you use this site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that byJeeni.com is not responsible for third party access to your account that results from theft or misappropriation of your account. byJeeni.com reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

byJeeni.com does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use byJeeni.com only with permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

www.byJeeni.com may contain links to other websites (“Linked Sites”). Linked Sites are not under the control of byJeeni.com and Jeeni Criscenzo is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates in a Linked Site. byJeeni.com is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Jeeni Criscenzo of the site or any association with its operators.

Certain services made available via www.byJeeni.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.byJeeni.com domain, you hereby acknowledge and consent that byJeeni.com may share such information and data with any third party with whom byJeeni.com has a contractual relationship to provide the requested product, service or functionality on behalf of byJeeni.com and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.byJeeni.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Jeeni Criscenzo that you will not use the site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials of information through any means not intentionally made available or provided through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the combination thereof, and any software used on the site is the property of Jeeni Criscenzo or her suppliers and is protected by copyright and other laws that protect intellectual property and propriety rights. You agree to observe and abide by all copyright and other propriety notices, legends or other restrictions contained in any content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. byJeeni.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any unprotected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Jeeni Criscenzo. You agree that you do not acquire any ownership rights in any protected content. Jeeni Criscenzo does not grant you any licenses, express or implied, to the intellectual property of byJeeni.com or our licensors except as expressly authorized by these Terms

Use of Communication Services

The Site may contain chat areas, forums, calendars, comments and other message facilities, designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as right of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other materials protected by the intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise of offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know or reasonably should know, cannot be legally distributed in such manner, falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin of the software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest of otherwise collect information about others, including email addresses, without consent; violate any applicable laws or regulations.

Jeeni Criscenzo has no obligation to monitor the Communication Services. However, byJeeni.com reserves the right to review materials posted to a Communication Service and to remove any or all of the materials in its sole discretion. Jeeni Criscenzo reserves the right to terminate any and all Communication Services at any time without notice for any reason whatsoever.

Jeeni Criscenzo reserves the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Jeeni Criscenzo’s sole discretion.

International Users

The Service is controlled and administered by Jeeni Criscenzo from our office within the USA. If you access the Service from a location outside of the USA, you are responsible for compliance with all local laws. You agree you will not use the byJeeni.com Content accessed through www.byJeeni.com in any country or in any manner prohibited by any applicable laws restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Jeeni Criscenzo, agents, employees and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fee) relating to or arising out of you use of or inability to use the Site or services, any use postings made by you, your violation of any terms of this Agreement of your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Jeeni Criscenzo reserves the right, at her own cost, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which you will fully cooperate with byJeeni.com in asserting any available defenses.

Liability Disclaimer

The information, software, products, and service included in or available through the site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Byjeeni.com may make improvements and/or changes in the site at any time.

Jeeni Criscenzo makes no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software or products, services and related graphics are provided “as is” without warranty or condition of any kind. Jeeni Criscenzo hereby disclaims all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties, conditions or merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by law, in no event shall Jeeni Criscenzo or her suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation, damages for loss of use, data or profits arising out of or in any way connected with the performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information software, products, services, and related graphics obtained through the site, or otherwise arising out of use of the site, whether based on contract, tort, negligence, strict liability or otherwise, even if Jeeni Criscenzo or any of her suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the site, or with any of these terms of use, your sole exclusive remedy is to discontinue using the site.

Termination/Access Restriction

Jeeni Criscenzo reserves the right, in her sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue courts in California and disputes arising out of or relating to the use if the site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms, including, without jurisdiction, this section.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid, unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, the agreement constitutes the entire agreement between the user and Jeeni Criscenzo (byJeeni.com) with respect to the Site and it supersedes all prior contemporaneous communication and proposals, whether electronic, oral or written, between the user and byJeeni.com with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Jeeni Criscenzo reserves the right, in her sole discretion, to change the Terms under which byJeeni.com is offered. The most current version of the terms will supersede all previous versions. Jeeni Criscenzo encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Jeeni Criscenzo welcomes your questions or comments regarding the Terms

Email Address: [email protected]

Telephone number: 760-525-1915

Effective as of November 1, 2017