Terms & Conditions
Effective: January 1st, 2012
WELCOME TO JIVACUBES.COM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
This website is provided for your information and entertainment, we hope you enjoy using it. By using this website you agree to be bound by these terms and conditions as these terms and conditions may be changed from time to time (“Terms and Conditions”). Please browse the website and make use of its features, but be aware that your use of this website is subject to the following Terms and Conditions. If you do not agree to these Terms and Condition, please do not use this website. Your continued use of this website reaffirms your agreement to strictly abide by the Terms and Conditions.
1. Ownership and Operation of Website. This website belongs to PHASE ONE MANAGEMENT Inc., “GIANARR corp.,” “Jiva,” located in Miami, Florida. Jiva may, in its sole discretion and at any time and without notice, modify or discontinue this website or specific portions of it. Except where otherwise noted, this website and its contents are copyright © 2012 Phase One Management inc. All rights reserved. The website and its contents, such as software, graphics, logos, text, button icons, images, and audio clips, as well as the compilation of all content on this website, is the property of Phase One Management Inc., and is protected by copyright and other intellectual property laws. All software used on this site is the property of Phase One Management Inc. or its software suppliers and is protected by copyright and other intellectual property laws.
2. Personal Use of Website. Phase One Management Inc., owns the copyright for all materials appearing on this website or has a valid right from a third party to use materials on this website. Phase One Management Inc., also owns or has a valid right to use all trademarks, service marks, and trade names used on this website. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non- commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Phase One Management Inc.’s copyright and other proprietary rights. The use of any such material on any other website or computer network without Phase One Management Inc.,’s written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by, is strictly prohibited.
3. Submissions to the Website. All comments, testimonials, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials that you share and submit to Phase One Management Inc., through this website (“Submissions”) shall be considered “NOT CONFIDENTIAL” and you grant Phase One Management Inc., an unrestricted irrevocable license to use, reproduce, disclose, exhibit, display, perform, modify transmit, transform, create derivative works and distribute to others without limitation any Submissions you share and send to Phase One Management Inc., for any purpose. You agree you are and shall remain solely responsible for the contents of any Submissions you make, and you will not submit material that is unlawful, defamatory, abusive or obscene. You agree and represent that your Submissions will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
You agree that your Submissions will become and remain the exclusive property of Phase One Management Inc.,, including any future rights associated with the Submissions, even if these Terms and Conditions are later modified or terminated. This means that you disclaim any proprietary rights in such Submissions, and you acknowledge Phase One Management Inc., unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Phase One Management Inc., has no obligation to keep your Submissions confidential.
4. Geographic Website Use. Phase One Management Inc., controls and operates this website from the state of Florida. Therefore, this website is intended to promote only those Phase One Management Inc., products that are sold by Phase One Management Inc., in the United States and its territories. Phase One Management Inc., makes no representation that materials in this website or the products described in this website are appropriate or available for use in other locations. If you access this website from outside the United States, be advised this website may contain references to products and services that are not available or are prohibited in your country.
6. Disclaimer of Warranty for Website Materials and Operations. The materials in this website (including any graphics, software, recommendations or other materials) and any materials made available through this website are provided to you: “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Phase One Management Inc., MAKES NO WARRANTY REGARDING THE OPERATION OF THIS WEBSITE OR ANY INFORMATION OR OTHER CONTENT ON IT, OR ANY SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE. Phase One Management Inc., EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OR INFORMATION, PRODUCTS OR SERVICES WHICH ARE PART OF THIS WEBSITE, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Phase One Management Inc., does not guarantee and makes no warranty that the features and functions contained in the Website will be uninterrupted or error-free, that this website or its server will be free of viruses or other harmful components, or that defects will be corrected even if Phase One Management Inc., is aware of them. You (and not Phase One Management Inc.,) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting or using this website.
7. Limitation of Liability. Under no circumstances shall Phase One Management Inc., be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this website or information available in this website.
Phase One Management Inc., shall not be liable even if Phase One Management Inc., or a Phase One Management Inc., authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, or other harmful component. IN NO EVENT SHALL Phase One Management Inc., TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
8. Content of Submissions and Postings. Phase One Management Inc., may from time to time monitor or review discussions, chats, postings, and other transmissions on this website. However, Phase One Management Inc., is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Phase One Management Inc., will fully cooperate with any law enforcement authorities or court order requesting or directing Phase One Management Inc., to disclose the identity of anyone posting any such information or materials. Phase One Management Inc., may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Phase One Management Inc., its customers or the public.
9. Applicable Law and Jurisdiction. These Terms and Conditions and any disputes arising under or related to these Terms and Condition (whether for breach of contract, tortious conduct or otherwise) will be governed Florida State law, without reference to conflicts of law principles. You agree that any legal actions, suits or proceedings arising out of these Terms and Conditions (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the Florida state courts or the United States Florida District Court, and you hereby accept and submit to the personal jurisdiction of these Florida courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions.
10. Severability and Entire Agreement. If any provision of these Terms and Conditions shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions constitute the entire agreement between you and Phase One Management Inc., with respect to your access to and use of this website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Phase One Management Inc., with respect to this website. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to your use of this website.
11. No Waiver. No failure on the part of Phase One Management Inc., to enforce any part of these Terms and Conditions shall constitute a waiver of any of Phase One Management Inc., rights under these Terms and Conditions whether for past or future actions on the part of any person. Neither the receipt of any funds by Phase One Management Inc., nor the reliance of any person on Phase One Management Inc., actions shall be deemed to constitute a waiver of any provision of the Terms and Conditions. Only a written waiver signed by an authorized representative of Phase One Management Inc., shall have the legal effect of waiving any provision contained in these Terms and Conditions.
12. Minors. This website is for a general audience that is not designed nor intended to collect personal information from children under the age of 18. Phase One Management Inc., does not knowingly collect personal information from anyone under the age of 18. We ask that parents supervise their children while online.
13. Privacy. For information on how Phase One Management Inc., uses and protects the personal information you may provide on this website, see our Privacy Policy.
Blog Disclaimer
The opinions and comments expressed on the Coconut Bliss blog located at www.jivacubes.com/blog (the “Blog”) do not reflect the opinions of Phase One Management Inc., (“Jiva”). Phase One Management Inc., makes no representations regarding the accuracy, completeness, currentness, suitability, or validity of any information contained on the Blog or Blog Archive, and will not be liable for any errors or omissions within it, or any losses, injuries, or damages arising from its display or use. All information on the Blog and Blog Archive is provided on an as-is basis. The Blog and Blog Archive is part of the Jiva Cubes website and thus governed by our ‘Terms & Conditions‘.