Terms and Conditions
Thank you for purchasing the Jewberry software application!!
This page contains the terms and conditions (the "Terms and Conditions") for Jewberry. In order to use this software, including any third party software made available to you in conjunction with this software and/or the related service, (collectively referred to below as "Jewberry") you agree to be bound by these Terms and Conditions, either on behalf of yourself or on behalf of your employer or other entity. If you are agreeing to be bound by these Terms and Conditions on behalf of your employer or other entity, you represent and warrant that you have full legal authority to bind your employer or such entity to these Terms and Conditions. If you don't have the legal authority to bind, please press "No" when asked whether you agree to these Terms and Conditions, and do not proceed with use of this product.
Network Charges
When you download Jewberry, it is possible that certain carriers or providers might charge you a fee for receiving this download. Also, depending on your data plan and your carrier or provider, you may be charged for use of your Blackberry when you access Jewberry information or other Jewberry services through Jewberry. (Jewberry is not responsible for any of these fees)Non-Commercial Use Only
Jewberry is made available to you for your non-commercial use only. This means that you may use it for your personal use only: you may use it at work or at home, subject to the terms set out in these Terms and Conditions. You need to obtain Jewberry's written permission, (which you can do by contacting us), prior to selling or distributing Jewberry or any information, services, or software associated with or derived from it, or if you want to modify, copy, license, or create derivative works from Jewberry.Unless you have our prior written consent, you agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from Jewberry.
Furthermore, you may not use Jewberry in any manner that could damage, disable, overburden, or impair Jewberry's services (e.g., you may not use the Jewberry in an automated manner), nor may you use Jewberry in any manner that could interfere with any other party's use and enjoyment of Jewberry's services.
If you have comments on Jewberry or ideas on how to improve it, please contact us. Please note that by doing so, you also grant Jewberry and third parties permission to use and incorporate your ideas or comments into Jewberry (or third party software) without further notice or compensation.
Intellectual Property
As between you and Jewberry, you agree and acknowledge that Jewberry owns all rights, title and interest in and to Jewberry, including without limitation all associated Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure, or alter Jewberry's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Jewberry.Disclaimer of Warranties
Jewberry and any third party who makes its software available in conjunction with or through Jewberry disclaim any responsibility for any harm resulting from your use of Jewberry and/or any third party software accessed in conjunction with or through Jewberry.JEWBERRY IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. JEWBERRY AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JEWBERRY AND ANY SUCH THIRD PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF JEWBERRY AND SUCH THIRD PARTY SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE JEWBERRY AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR MOBILE DEVICE SYSTEM OR BLACKBERRY OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF JEWBERRY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL JEWBERRY OR ANY THIRD PARTY WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JEWBERRY BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF JEWBERRY. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF JEWBERRY AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON JEWBERRY MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH JEWBERRY, FROM INABILITY TO USE JEWBERRY MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE JEWBERRY, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF JEWBERRY MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH JEWBERRY (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Miscellaneous Provisions
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York, without giving effect to the conflict of laws provisions of New York or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect.These Terms and Conditions constitute the entire agreement between you and Jewberry with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Jewberry.
October 2006 - 2008