Jellyfish.com Terms of Service

Introduction and Acceptance of Terms Through Use

The Jellyfish.com Account Agreement (the "Agreement") governs your use of the Jellyfish.com web site, including the creation and maintenance of a Jellyfish.com Smack Shopping Account ("Account"). Terms of this Agreement apply whether you are a Visitor (meaning you are simply browsing the site) or an Account holder. The Jellyfish.com service is free, but you must accept the Agreement terms to use the web site and create an Account. By using the web site, you acknowledge that you have read and understood this Agreement and that you agree to be bound by all of its terms. We may change the Agreement at any time by posting revisions to the web site, and your continued use of the web site indicates your acceptance of any revised terms. Accordingly, we urge you to review the Agreement regularly, and if you do not agree to the terms or any revisions thereto, please exit the web site immediately.

Jellyfish.com Account Eligibility

In order to create and maintain an Account, you must:

  • Provide Jellyfish with a valid e-mail address and password for Account access
  • Be a U.S. citizen or legal resident, at least 18 year of age
  • Have a valid mailing address (PO Boxes are not accepted)
  • Keep your Account information (name, address, e-mail, etc.) up to date, accurate and secure
  • Comply with all other Account holder obligations set forth herein

By logging into the Site, you represent and warrant that: (a) you are the customer who registered for the services; (b) that you are using the services only for permitted purposes under this Agreement; (c) you are not a competitor of JellyFish or agent thereof; and (d) you will immediately notify us of any unauthorized use of your password or Account or any other breach of security. We reserve the right, in our sole discretion, to reject any application for an Account and cancel any existing Account.

Jellyfish.com Smack Shopping Service

You agree that upon using the Jellyfish.com Smack Shopping feature ("Smack Service") you will be subject to the specific Smack terms and conditions set forth in this paragraph and all other terms and conditions in this Agreement.

With the Smack Service, you can purchase products from Jellyfish through the price dropping Smack auction. Once you submit your order information and lock in your final price on a product, we bill your credit card, process your order, and have one of our suppliers ship the product to you.

All orders are subject to our approval and we reserve the right to cancel any order in our sole discretion. Product availability may change prior to shipment. Should this occur, you will be notified by email or phone, and given the option to accept these changes or cancel the order.

Our official return policy for the Smack Service is that all sales are final, meaning that once you click the buy button your credit card is charged and you may not be able to cancel a purchase or receive a refund or exchange for that purchase. There may be instances where we can coordinate with our suppliers to obtain a cancellation, exchange or return of your Smack Shopping item, in our discretion.

In order to use the Smack Service, you must have a valid Account. Smack Service orders are limited to one product, per Account (including shipping/billing address), per unique Smack Shopping deal offer. Jellyfish shall have no obligation to provide the Smack Service, and shall have no liability to you in the event we fail to offer the Smack Service to you, or cancel your Smack Service order, in our sole discretion. Jellyfish shall make reasonable efforts to ensure that Smack Service requests are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SMACK SERVICE AND THE PRODUCT PURCHASED IS ASSUMED BY YOU.

Jellyfish.com Account Holder Responsibilities and Prohibited Activities

As an Account holder at Jellyfish.com, you are prohibited from:

  • Using automated tools to interact with and/or collect information from the Jellyfish.com site
  • Copying or reproducing derivative works of the Jellyfish.com site
  • Bartering, trading or otherwise exchanging Accounts
  • Maintaining more than one Jellyfish Account (one Account, per individual)
  • Using the Smack Service for the following activities, without limitation:
    • Disseminating information that is patently offensive, and/or promotes racism, bigotry, hatred or harm to an individual or group, contains nudity, violence or offensive subject matter or contains a link to a website containing such subject matter, or exploits individuals in a sexual or violent manner
    • Harassment, promotion of harassment or stalking in any form
    • Promoting information that the User knows to be false or misleading, or promotes illegal activities that could damage Jellyfish, Inc. or any third party
    • Promoting commercial activities not endorsed by Jellyfish, Inc.
    • Soliciting passwords or other personal information for the purposes of commercial or unlawful use
    • Impersonating any person or entity or misrepresenting yourself in any way

As an Account holder at Jellyfish.com, you are responsible for:

  • Keeping Account information up to date and secure (Jellyfish.com will not be responsible for actions of third parties that gain access to your Account information)
  • Reviewing your Account on a regular basis to confirm that all Smack Service purchases have been properly credited to your Account.
  • Complying with any tax liability that may result from Jellyfish payments, prizes, or other value provided to you
  • Researching the copyrights of images, logos, text etc. you use on your Smack Service user profile page and paying the appropriate fees
  • Agreeing to the terms of our Privacy Policy, complying with all federal, state, local and foreign laws, rules, regulations and court orders that are applicable to your use of this web site, and not using this web site for any purpose that is contrary to any such laws, rules, regulations or orders

Jellyfish.com Account Termination

Account membership is subject to the terms and conditions in this Agreement. Jellyfish reserves the right to terminate your Account and cancel any Smack Service orders and/or rewards at any time for any failure to comply with these terms and conditions, any fraud or abuse relating to the Smack Service, or any misrepresentation you make to Jellyfish.com. Jellyfish also reserves the right to close any Account that has been inactive for more than 12 months.

Account holders may terminate their Account at any time by sending an e-mail or other written notification to Jellyfish.com.

Any termination of a Jellyfish Account by either party will result in a cancellation of any Smack Service rewards in the Account.

Jellyfish.com Account Program Changes

Jellyfish reserves the right to cancel the Smack Service in whole or in part at any time upon written notice to the e-mail address listed for the Account. In the event the program is cancelled, Account holders will have 90 days from notice to request approved rewards in their Account. Jellyfish will not be responsible for an Account holder's failure to keep their e-mail address up to date, check their e-mail, or otherwise take some action that limits their ability to receive notice of cancellation.

DISCLAIMER AND LIMITATION OF LIABILITY

THE JELLYFISH.COM ACCOUNT, WEBSITE, AND SMACK SERVICE ARE BEING PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. JELLYFISH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

JELLYFISH DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OF, TIMELINESS, OR ACCURACY OF ANY PRODUCT OFFERS, DATA OR CONTENT PROVIDED AT THE JELLYFISH WEBSITE. JELLYFISH MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY MERCHANTS AFFILIATED WITH THE JELLYFISH.COM WEB SITE. JELLYFISH DOES NOT WARRANT OR GUARANTEE THAT ACCESS TO THE JELLYFISH.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND JELLYFISH ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THE JELLYFISH.COM SITE, INCLUDING, BUT NOT LIMITED TO, YOUR ABILITY TO PARTICIPATE IN THE SMACK SERVICE.

IN NO EVENT SHALL JELLYFISH BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF THE JELLYFISH.COM WEBSITE OR ACCOUNT, ANY ACT OR OMISSION BY JELLYFISH IN ADMINISTERING THE WEBSITE OR ACCOUNT, OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS AFFILIATED WITH THE JELLYFISH.COM WEB SITE, EVEN IF JELLYFISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES.

YOU AGREE TO INDEMNIFY AND HOLD JELLYFISH, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE JELLYFISH.COM WEBSITE OR ACCOUNT.

Permitted Use

You agree that you are only authorized to visit, view and retain a copy of pages of the web site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the materials, information, software, products and services included in or available through the Site (the "Web Content") for any purpose other than for your personal use, unless otherwise specifically authorized by Jellyfish to do so.

General

Jellyfish may modify this Agreement at any time. The Agreement as amended will be posted on the Jellyfish.com web site, and your continued use of your Account or the Jellyfish.com web site shall constitute your acceptance of any such amendment. You acknowledge that any Jellyfish.com content, are protected by Intellectual Property laws and remain proprietary to Jellyfish.

All matters relating to your access to, and use of, the web site or any services provided by Jellyfish, Inc. shall be governed by U.S. federal law or the laws of state of Wisconsin. Any legal action or proceeding relating to your access to, or use of, the web site shall be instituted in a state or federal court in Dane County, Wisconsin. You and Jellyfish, Inc. agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

REVISED 04/22/2008