Terms of Service

The following document outlines the terms of use of the Jellybright website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the Jellybright services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE Jellybright SERVICES (“SERVICES”). BY USING THE JELLYBRIGHT SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT JELLYBRIGHT’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

ACCEPTANCE OF TERMS

The web pages available at Jellybright.com and all linked pages (“Site”), are owned and operated by Riverworks Media, Inc. (“Jellybright”) and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description Of Service

The Site is an online service that offers support to operators of websites running on single-site installations of WordPress. Services include but are not limited to, any service and/or content Jellybright makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

Your access to and use of the Site may be interrupted from time to time as a result of updating, maintenance or repair of the Site or any other reason within or outside the control of Jellybright. Jellybright reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.

Jellybright service does not support multi-site WordPress installations.

REGISTRATION

As a condition to using Services, you are required to to open an account with Jellybright and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms. Registering with Jellybright means you agree to abide by the process that Jellybright has in place to manage tickets, maintenance, etc.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Don’t reveal Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Jellybright of any security breach of your Account. Jellybright shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through you Jellybright account.

Services are available only to legal entities and to individuals who are at least 18 years old.

The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Jellybright Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.

PAYMENT

You agree that you will pay for the Services and that Jellybright may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING JELLYBRIGHT WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.

Prices for the Services may change at any time at Jellybright’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

Payment is collected in advance for each month of Service. A month of Service starts on the day payment is successfully received and cleared to the same calendar day of the following month. For example, if payment is made on January 15, Service is valid from January 15 to February 14. If the credit card on file is declined when charged, we will attempt to charge it again in three days. If it is declined a second time, we will attempt to charge it again in three days. If it is declined a third time, we will cancel the account. Refunds are not given.

USE OF SERVICES AND RENTED CONTENT

You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by Jellybright and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. Jellybright reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Jellybright for compliance purposes, and Jellybright reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to Jellybright. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.

RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge Jellybright, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Jellybright, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of,  in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Jellybright Username and password; or (iii) any material or immaterial violation of any rights, title or interests  of any third party.

LIMITATION OF LIABILITY

In no event shall Jellybright be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.

JELLYBRIGHT, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY JELLYBRIGHT OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.

INTELLECTUAL PROPERTY

Jellybright, Jellybright.com and other Riverworks Media graphics, logos, designs, page headers, button icons, scripts,  service names and any other intellectual property are the sole and exclusive intellectual property of Jellybright. Jellybright’s intellectual property may not be used in connection with any product or service without the prior written consent of Jellybright. Notwithstanding the foregoing, the images and icons available in the Jellybright Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the Jellybright Site.

SUPPORT REQUESTS & REASONABLE USE

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email your project manager at support@jellybright.com.

The effort required to complete a request is exclusively determined by Jellybright management. Jellybright management may provide alternative solutions to the client including referral to the Jellybright partner network for work that may exceed 30 minutes of effort and/or is outside the scope of the Jellybright development agreement. Jellybright will make an attempt at a support request as long as the request is received by Jellybright within a valid and paid service period. Jellybrightt provides no guarantee either expressed or implied on the timeframe of when a support request can or will be resolved. Your requests are subject to approval by Jellybright management or by its assigned agent.

Requests should fall into the following categories:

  • UI troubleshooting (HTML, CSS, JavaScript)
  • Styling elements with CSS
  • Content population & image manipulation
  • Creation of basic graphics (e.g. buttons, headers, favicon, etc.)
  • Plugin audits and recommendations
  • Theme/plugin/WordPress updates
  • Plugin installation and implementation
  • On page SEO (Title tag, URL advice, and image alt attribute. Excludes page content)

If you are unsure about the whether or not a Job request meets these criteria, submit it as a ticket to our support system or your assigned project manager and we will either accept the ticket or deny the ticket based on managerial approval.

Examples of Job requests which shall not meet Jellybright management approval for support:

  • Website redesign
  • Landing page design
  • Custom plugin development
  • Custom theme development
  • Search marketing, off site SEO services, on page content
  • Hosting, DNS, and domain support
  • Any fix or change deemed by Jellybright to exceed 30 minutes effort

THIRD-PARTY MATERIALS

Certain services available may include materials from third parties. Jellybright may provide links to third-party websites as a convenience to you. You agree that Jellybright is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Jellybright is not in any way responsible for any such use by you.

UNLIMITED AND REASONABLE USE

The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Jellybright management, at its sole and exclusive discretion. Customers deemed to be abusing the Jellybright service will be contacted by the Jellybright management. Jellybright management retains the sole and absolute discretion to suspend service to you if we deem necessary, Although a reasonable attempt will be made to switch the Customer to a custom-tailored plan, created by the Jellybright management.

DESIGN & WORDPRESS CONSULTING

Users of Jellybright may request advice from Jellybright management that pertain to WordPress and other related services. Jellybright does not guarantee the accuracy, reliability, not success of the advice and the outcome upon implementing said advice.

TERMINATION & CANCELLATION

Cancellation can occur at anytime. You are never required to stay with us – if you are unhappy with our service, we’d prefer you have the option to leave and give us feedback on how we can serve you better.

Jellybright may terminate or suspend any and all Services and/or your Jellybright account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Jellybright account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You can contact us through email at support@jellybright.com to issue a termination request.

In order for a termination request to be fulfilled, termination requests must:

  • be successfully received by Jellybright via email at support@jellybright.com
  • User must receive a confirmation of cancellation

2. Cancelled accounts will be valid for the remainder of the month of Service that was paid unless the payment for the last month of service was invalidated or refunded to the user in any form.

CHANGE

Jellybright reserves the right, at its sole discretion, to modify or replace the terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

MISCELLANEOUS

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Jellybright in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Jellybright shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Jellybright’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Jellybright may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Pennsylvania between two residents thereof, the parties submit to the exclusive jurisdiction of Pennsylvania courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.