TERMS OF SERVICE
Thanks for visiting ACCIDENTAL FAME (“Site”), which is owned and operated by JewelJam, Inc. By accessing, browsing or using this Site, you acknowledge that you have read, understood, and agree to the following Terms of Service (“Terms” or “Agreement”). If, at any time, you do not agree to these Terms, please do not use this Site. ACCIDENTAL FAME reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms periodically because your use of the Site after the posting of changes will constitute your acceptance of the changes.
We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We have the right to impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty at any time. Your continued use of the Site will constitute your acceptance of any such changes.
As a condition of your use of this Site, you agree that you are at least 18 years of age or are visiting the Site under the supervision of an adult or guardian and that you possess the authority to enter into a binding legal agreement.
USE OF THE WEBSITE
You may access and use the Site only for your own noncommercial personal use and in compliance with these Terms and our Privacy section (available through the Privacy link on the main page). You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Site. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized in writing. You further agree not to change or delete any proprietary notices from materials downloaded from this Site. You may print a copy of the information displayed on this Site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this Site.
We may deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights or the rights of any third party.
By visiting the Site, you agree not to post, communicate or transmit any material that infringes on any intellectual property, publicity or privacy right of another person or entity; post any information which is inaccurate or not your own; interfere or attemp to interfere in any way with the Site’s network security.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Accidental Fame of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
PRODUCT INFORMATION; LIMITATIONS ON QUANITIES
Excluding any content which may be submitted by members, we try to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability. We reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
By visiting the Site you acknowledge and agree that the content (other than content that may be submitted by Members), materials, software and other components (including our logos, visuals, icons, graphics, videos and all media kinds used on Accidental Fame) available on the Site are the property of Accidental Fame or our licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any content or materials on the Site.
USER GENERATED CONTENT
Accidental Fame does not claim ownership of any materials you make available through the Site. By sharing, submitting and uploading any of your data including but not limited to photographs, images, video, music, art, or comments, you grant JewelJam a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, prepare derivative works of, display and perform your user data in any legal manner for the benefit of Accidental Fame. You acknowledge and agree that you are solely responsible for all the user data that you make available through Accidental Fame. You further agree, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Accidental Fame will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
You will not use Accidental Fame to: violate any law or encourage or provide instructions to another to do so; upload, post, make available or otherwise transmit any User Content that is unlawful (including, without limitation, User Content that infringes or violates any patent, trademark, trade secret, copyright, right of publicity or other right) or User Content that is confidential, harmful, threatening, harassing, abusive, inflammatory, tortious, defamatory, libelous, vulgar, obscene, pornographic, invasive of another’s privacy or racially, ethnically or otherwise objectionable; misrepresent your identity; upload, post, make available or otherwise transmit that User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of solicitations; upload, post, make available or otherwise transmit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; act in a manner that negatively affects other users’ ability to use the Service; collect or store personal data about anyone; display, transmit, distribute, reproduce, modify, edit, create derivative works from, store, archive, cache, sell or offer for sale the Site, ACCIDENTAL FAME Content or any element thereof.
You acknowledge that: (i) we may receive from marketers free products that we review or discuss in our content and (ii) we may receive compensation in connection with advertisement or stories regarding run advertisements or stories on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation.
LINKS TO THE SERVICE
We reserve the right to revoke any link to any page of the Service or our social media channels in oursole discretion without notice. We also reserve the right to require that you obtain our prior written consent before you provide any links to any page or social media page of the Service.
The technology underlying, and the entire content included in, the Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Accidental Fame and is protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to Accidental Fame. Copyright 2016 Accidental Fame. All rights reserved. We do not investigate to determine if such works are accurate nor can we provide assurance that all such works are free of typographical errors. We cannot guarantee information displayed on this Site to be 100% accurate.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SITE IS AVAILANLE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACCIDENTAL FAME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACCIDENTAL FAME DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCIDENTAL FAME DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
NEITHER ACCIDENTAL FAME NOR ITS WRITERS, OFFICERS, DIRECTORS AND AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON OR PROVIDED THROUGH THE SITE, EVEN IF ACCIDENTAL FAME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ACCIDENTAL FAME’S LIABILITY TO YOU EXCEED THE AMOUNTS THAT YOU PAID TO ACCIDENTAL FAME. IN CONNECTION WITH YOUR ACCIDENTAL FAME PURCHASES. YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
ALL OF THE ABOVE DISCLAIMERS OR EXCLUSIONS MAY NOT APPLY TO ALL USERS.
USE OF SITE
Use of the Site for any illegal or unauthorized purpose is strictly prohibited.
Registration data and certain other information about you are subject to our Privacy section. You understand that the technical processing and transmission of this Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
In an attempt to provide increased value to our visitors, Accidental Fame may link to sites operated by third parties. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such external sites or resources, and do not endorse nor are we responsible for or liable for any losses, expenses or damages, to you or your software, hardware or data, arising out of the operations of such external sites or resources. These links sites are for your convenience only, and you access them at your own risk, regardless of whether or not we receive compensation, commission or share of revenues generated by purchases via such links. YOUR COMMUNICATIONS AND DEALINGS WITH THIRD PARTIES THROUGH SUCH LINK INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH COMMUNICATIONS AND DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.
These Terms and any dispute of any sort that might arise between you and Accidental Fame or its parent, subsidiaries, divisions, or affiliates shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state or federal courts in New York, New York with respect to any legal proceeding that may arise in connection with these Terms and your use of the Site. In addition, you expressly waive any right to a jury trial in any legal proceeding against Accidental Fame, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms.
Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please refer to our Contact Us page.