Jenny Mie Lau King © 2003 - 2007

JennyKing.com Terms of Use

  1. Acceptance of Terms Through Use

    By using the web site located at www.jennyking.com (the "Web-site") and the services available from the Web site, you signify your agreement to all terms, conditions, and notices contained or referenced herein ("Terms of Use"). If you do not agree to these Terms of Use please do not use the Web site. We reserve the right, at our discretion, to update or revise these Terms of Use, without prior notice to you. You agree to review these Terms of Use periodically to become aware of any changes. Your continued use of this Web site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

  2. The Web site

    The Web site is owned and operated by Jenny Mie Lau King, ("JennyKing.com", "We", "Our" and Us"). The Web site features an online portrait and travel photo gallery, photo gift ideas, free screensavers, photo e-cards and resource links.

  3. Use of Site

    JennyKing.com authorizes you to view and download the materials at the Web site only for your personal, non-commerial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at the Web site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms of Use, any use of these materials on any other web site or networked or computer environment for any purpose is prohibited. The materials at the Web site are copyrighted and any unauthorized use of any materials at the Web site may violate copyright, trademark, and any other laws. If you breach any of these Terms of Use, your authorization to use the Web Site automatically terminates and you must immediately destroy any downloaded or printed materials.

  4. Access

    In order to use the Web site, you need the equipment necessary to connect to the World Wide Web (the "WWW"), and the connection necessary to access the WWW. You are responsible for any fees associated with such a connection or access (such as those charged by an Internet Service Provider (an "ISP") or other online service).

  5. Privacy

    Any information provided by you or gathered by JennyKing.com or third parties during any visit to the Web site shall be subject to the terms of JennyKing.com's Privacy Policy, which is incorporated herein by reference. This Web site's Privacy Policy is located online at http://www.jennyking.com/privacypolicy.html.

  6. User Conduct

    You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), appearing on the Web site or submitted to the Web site is the sole responsibility of the person or entity from which such Content originated. This means that you, and not JennyKing.com, are entirely responsible for all Content that you submit, upload, post, email, transmit or otherwise make available via the Web site. JennyKing.com does not control the Content posted via the Web site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Web site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will JennyKing.com be liable in any way for any Content, including, but not limited to, for any errors or omission in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Web site. JennyKing.com reserves the right to terminate your use of the Web site if it becomes aware and determines, in its sole discretion, that you are violating any of the following guidelines.

    Any use by you of any other user's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. You agree that you will not use the Web site for chain letters, junk mail, 'spamming', solicitations (commercial or noncommercial) or bulk communications of any kind including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

    You agree that you will not use the Web site to submit, post, upload or otherwise transmit Content that contains viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer.

    You further agree not to use the Web site to send or post on the guest book, on an e-card, or any place on the Web site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexual oriented, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the Web site. JennyKing.com reserves the right to delete any such material from the Web Site.

    You acknowledge that JennyKing.com does not pre-screen Content, but that JennyKing.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Web site. Without limiting the foregoing, JennyKing.com and its designees shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by JennyKing.com or submitted to JennyKing.com, including without limitation information in the JennyKing.com guest book and in all other parts of the Web site.

    You acknowledge and agree that JennyKing.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of JennyKing.com, its users and the public.

    You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating the owner or a consultant of JennyKing.com. You further agree not to use an inappropriate name of any kind.

    You agree not to post or use the Web site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting Content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.

    You acknowledge that (a) JennyKing.com permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (b) these Rights are valid and protected in all media and technologies existing now or later developed; and (c) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Web site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other Content on the Web site is not protected by Rights rest with you. You acknowledge that JennyKing.com may acquire Rights to use any posted materials as described below, and that you will not acquire any of those rights by downloading such materials.

    By submitting Content to any "public area" of the Web site, including ecards, guest books, and polls, you automatically grant JennyKing.com and its affiliates a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) world wide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you. You also warrant that the holder of any Rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any other user to access, display, view, store, and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on the Web site retains any and all Rights that exist in such Content.

    ANYTHING CONTAINED HEREIN TO THE CONTRARY NOT WITHSTANDING, BY SUBMITTING CONTENT TO ANY "PUBLIC AREA" OF THE WEB SITE, INCLUDING MESSAGE BOARDS, FORUMS, GUEST BOOKS, AND POLLS, YOU HEREBY EXPRESSLY PERMIT JENNYKING.COM TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY JENNYKING.COM IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.

  7. Trademarks

    Third party trademarks, service marks, logos and trade names appearing on the Web site are the property of their respective owners. You agree not to display or use in any manner any marks appearing on JennyKing.com.com without the respective owner's prior permission.

  8. International Use

    JennyKing.com makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

  9. Third Party Services

    The Web site may use third-parties to provide certain services that you may link to from the Web site. For example, the JennyKing.com Gift Store is powered by CafePress.com. These services may have their own terms of use and other policies. You will be governed by such terms and policies as well as the terms and conditions set forth herein the Terms of Use of JennyKing.com.

  10. Dealings with Advertisers

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that JennyKing.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web site.

  11. Links

    The Web site may provide, or third-parties may provide, links to other World Wide Web sites or resources. Because JennyKing.com has no control over such sites and resources, you acknowledge and agree that JennyKing.com is not responsible for the availabilty of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that JennyKing.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  12. Changes to the Web site

    JennyKing.com may alter, suspend or discontinue any part or service of the Web site at any time, with or without notice. You agree that JennyKing.com shall not be liable to you or to any third-party for any modification, suspension or discontinuance of any part or service of the Web site. The Web site is currently available to you free of charge. JennyKing.com, however, reserves the right to charge you in the future for using one or more parts or services of the Web site. JennyKing.com will notify you of any fees associated with any part or service of the Web site it may charge, and will require your subscription to that part or service of the Web site prior to charging any such fees.

  13. Termination

    JennyKing.com may terminate or deny your access to, or your use or submission of Conent to the Web site, without prior notice and in its sole discretion, if JennyKing.com reasonably believes that:
    • your conduct violated any provision of these Terms of Use;
    • your conduct violated JennyKing.com's or any third-parties' rights; or
    • it is inappropriate for you to enjoy continued access to or use to the Web site.

    Moreover, you agree that upon termination of your use of the Web site, JennyKing.com may delete all information related to you and may deny you access to such information and the Web site. You also agree that upon termination, that you will not attempt to access the Web site or any service provided by the Web site, through use of a different name, email address or otherwise.

  14. Termination by You

    You may discontinue your participation in and access to the Web site at any time. These Terms of Use will continue to apply to all past use of the Web site by you, even if you are no longer using it.

  15. Disclaimer of Warranties

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JENNYKING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

    YOU UNDERSTAND AND AGREE THAT JENNYKING.COM MAKES NO WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES JENNYKING.COM MAKE ANY WARRANTY THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JENNYKING.COM WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE WEB SITE.

    YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, CONTENT, DATA AND/OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL AND/OR DATA.

    YOU UNDERSTAND AND AGREE THAT JENNYKING.COM DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE WEB SITE. JENNYKING.COM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER JENNYKING.COM NOR ITS CONTRIBUTORS, WHILE SUCH CONTRIBUTORS ARE PARTICIPATING IN THE WEB SITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. JENNYKING.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

    YOU UNDERSTAND AND AGREE THAT JENNYKING.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE WEB SITE. YOUR PARTICIPATION IN THE WEB SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JENNYKING.COM OR THROUGH THE WEB SITE, ITS CONTRIBUTORS, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    YOU UNDERSTAND AND AGREE THAT JENNYKING.COM MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEB SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE.

    YOU UNDERSTAND AND AGREE THAT AAAUNITY IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE WEB SITE. AS A CONVENIENCE TO OUR USERS, WE MAY PROVIDE LINKS TO RESOURCES WHICH ARE BEYOND OUR CONTROL. WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH WE MAY PROVIDE LINKS TO, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST JENNYKING.COM WITH RESPECT TO SUCH SITES.

    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO SOME OF THE AFOREMENTIONED DISCLAIMERS MAY NOT APPLY TO YOU.

  16. Waiver, Release and Limitation of Liability

    YOU AGREE THAT NEITHER JENNYKING.COM NOR ITS CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS, OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGE, WHETHER IN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, IN CONNECTION WITH YOUR USE OF THE WEB SITE, INCLUDING, BUT NOT LIMITED TO (A) YOUR USE OR INABILITY TO USE THE WEB SITE, (B) YOUR RELIANCE ON CONTENT OF THE WEB SITE, AND (C) ANY GOODS, SERVICES OR OTHER WEB SITES ADVERTISED ON THE WEB SITE, EVEN IF JENNYKING.COM OR SUCH RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST JENNYKING.COM, ITS CONSULTANTS, AGENTS, AFFILIATES, LICENSORS, CONTENT PROVIDERS, OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, CLAIMS BASED UPON THE NEGLIGENCE OF SUCH PARTIES) FOR LOSSES AND DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEB SITE.

    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO SOME OF THE AFOREMENTIONED LIMITATIONS MAY NOT APPLY TO YOU.

  17. Indemnification

    You agree to indemnify, defend and hold harmless JennyKing.com, its affiliates, licensors, content providers, and suppliers from any and all third-party claims, liability, damages, losses, expenses and/or costs (including but not limited to reasonable attorney's fees) arising from your failure to comply with these Terms of Use, your negligent or wrongful conduct, your infringement or violation of any intellectual property or other right of a third party, Content provided by you or from your violation of any applicable law.

  18. Applicable Law

    These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any conflict of laws provisions. By registering for or entering the Web site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Hudson County, NJ, USA.

  19. Severability

    If any portion of these Terms of Use shall be held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable, these Terms of Use shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of these Terms of Use, and the remaining provisions of these Terms of Use shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance herefrom. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or these Terms of Use must be filed within 1 (one) year after such claim or cause of action arose or be forever barred.

  20. Assignment

    JennyKing.com may assign its rights and obligations under these Terms of Use to any party without your consent, upon such assignment JennyKing.com may be relieved of any further obligation hereunder.

  21. General Information

    You represent to JennyKing.com that you have the authority to register with or visit the Web site according to these Terms of Use. JennyKing.com does not encourage, solicit, or permit visitors who are known to be under the age of 13 (thirteen) to become a member of or visit the Web site.

    The section titles in the JennyKing.com Terms of Use are for convenience only and have no legal or contractual effect.

    If you are interested in reproducing any of our Web site Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your requests to: info@jennyking.com.

  22. Entire Agreement; Amendments and Waivers

    These Terms of Use contain the entire understanding and agreement between you and JennyKing.com with respect to the subject matter contained herein, supercedes all prior oral or written understandings and agreements relating thereto, except as otherwise expressly provided. These Terms of Use cannot be amended, supplemented or changed, and no provision hereof can be waived, in whole or in part, except by written instrument making specific reference to these Terms of Use signed by JennyKing.com. No failure or delay by JennyKing.com in exercising any rights, power, or remedy under these Terms of Use shall operate as a waiver of any such right, power, or remedy.