This document (the “Agreement”) constitutes a legal agreement between you and JellyDoo Games LLC, its related companies and affiliates (collectively “JellyDoo Games LLC, “we” or “us”)
Welcome to www.PassADoodle.com. The www.PassADoodle.com website (the "Site") is comprised of various web pages operated by JellyDoo Games LLC www.PassADoodle.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.PassADoodle.com constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
www.PassADoodle.com is an Entertainment Site.
JellyDoo Games LLC provides online party game entertainment, including but not limited to PassADoodle draw and guess game.
Your use of www.PassADoodle.com is subject to JellyDoo Games LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Visiting www.PassADoodle.com or sending emails to JellyDoo Games LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that JellyDoo Games LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. JellyDoo Games LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
JellyDoo Games LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.PassADoodle.com only with permission of a parent or guardian.
You may cancel your subscription within 7 calendar days of purchase and receive a full refund.
www.PassADoodle.com and JelleyDoo Games may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of JellyDoo Games LLC and JellyDoo Games LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. JellyDoo Games LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by JellyDoo Games LLC of the site or any association with its operators.
Certain services made available via www.PassADoodle.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.PassADoodle.com domain, you hereby acknowledge and consent that JellyDoo Games LLC may share such information and data with any third party with whom JellyDoo Games LLC has a contractual relationship to provide the requested product, service or functionality on behalf of www.PassADoodle.com users and customers.
You are granted a non-exclusive, non-transferable, revocable license to access and use www.PassADoodle.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to JellyDoo Games LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, design, artwork, video, animations, games, titles, themes, objects, icons, concepts, formats, effects methods of operation and documentation and the selection and arrangement thereof as well as the compilation thereof, and any software used on the Site, is the property of JellyDoo Games LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not copy, modify, publish, transmit, distribute, display, post, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. JellyDoo Games LLC content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of JellyDoo Games LLC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of JellyDoo Games LLC or our licensors except as expressly authorized by these Terms.
If you violate this Agreement, JellyDoo Games reserves the right to immediately terminate or suspend any or all accounts you have created using the Service. You agree that JellyDoo Games LLC need not provide you notice before terminating or suspending your account, but it may do so. JellyDoo Games reserves the right to refuse any user access to the Service without notice for any reason, including but not limited to, a violation of this Agreement.
User generated content is defined as any content, material, data and information that you create, upload to, or transmit through the Service, including without limitation, text, images, stories, photos, drawings, sketches, guesses.
By posting any user generated content through or in connection with the Service, you herby grant to JellyDoo Games a perpetual irrevocable, non-exclusive, fully paid and royalty-free, sublicensable, transferable, worldwide license to use, modify, excerpt, adapt, store, translate, create, derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such user generated content in whole or in part, on, through or in connection with the Service or in connections with any commercialization, distribution, or syndication thereof on and through all media formats now know or hereafter devised, for any and all purposed including but not limited to, promotional marketing, trade of commercial purposes. JellyDoo Games LLC use of such user generated content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. JellyDoo Games LLC may remove any user generated content at its sole discretion at any time. User generated content is not confidential and will not be returned to you.
If the User Generated Content you create or publish reproduces your image or the image of any person other than yourself you warrant that you have received the permission of the relevant person and you acknowledge that JellyDoo Games LLC has the right to use the image.
JellyDoo Games LLC also reserves the right (but not the obligation) to remove and permanently delete any User Generated Content from the Service without notice for any reason or no reason.
You represent and warrant that you own the User Generated Content posted by you, through or in connection with the Service and otherwise have the right to grant the license set forth in this Section and that by posting this User Generated Content through or in connection with the Service it does not violate the privacy, publicity rights, intellectual property rights or contract rights, or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any user generated content posted by you on or through the Services.
You agree not to share, post or otherwise disseminate any User Generated Content that is in JellyDoo Games LLC’s sole discretion, offensive, demeaning defamatory or otherwise inappropriate.
Your use of the Service is subject to all applicable, local, state and national laws and regulations. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your account. You shall not use, allow or enable others to use the Service in any manner that is, attempts to or is likely to:
The Service is controlled, operated and administered by JellyDoo Games LLC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the JellyDoo Games LLC Content accessed through www.PassADoodle.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless JellyDoo Games LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. JellyDoo Games LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with JellyDoo Games LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and JellyDoo Games LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JELLYDOO GAMES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
JELLYDOO GAMES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JELLYDOO GAMES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JELLYDOO GAMES LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JELLYDOO GAMES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
JellyDoo Games LLC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire and you hereby consent to the exclusive jurisdiction and venue of courts in New Hampshire in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and JellyDoo Games LLC as a result of this agreement or use of the Site. JellyDoo Games LLC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of JellyDoo Games LLC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by JellyDoo Games LLC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and JellyDoo Games LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and JellyDoo Games LLC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
JellyDoo Games LLC, in general does not accept via the Service or otherwise unsolicited submission including without limitation submission of game ideas drawings, suggestions, proposals ideas or concepts (collectively “User Feedback”). Therefore any similarity between unsolicited submission and any elements in JellyDoo Games LLC would be purely coincidental. However on occasion we may request feedback and therefore all feedback solicited or not and all rights contained therein, will become the sole property of JellyDoo Games LLC, and may be used copied, sublicensed, adapted, transmitted, disturbed, publicly performed, publicly, displayed or deleted as JellyDoo Games LLC sees Fit. You agree that you are not entitled to any compensation, credit or notice whatsoever in connection with your User Feedback or JellyDoo Games LLC use thereof.
JellyDoo Games LLC reserves the right, in its sole discretion, to change the Terms under which www.PassADoodle.com is offered. The most current version of the Terms will supersede all previous versions. JellyDoo Games LLC encourages you to periodically review the Terms to stay informed of our updates. We will alert you that changes have been made by indicating on the Agreement the date it was revised. We encourage you to review this Agreement and our Privacy Policy from time to time to make sure you understand its terms. Your continued use of the service following the posting of changes to these terms will mean you accept those changes.
JellyDoo Games LLC (the “Company”) may at its sole discretion contact you to review and evaluate one or more of its services in a process known as a “Beta Test”. If you sign up for and are accepted by JellyDoo Games LLC as a beta tester, (the "Tester") you agree to the terms of this Agreement and the additional terms below.
Disclaimer of Warranty : Tester understands and acknowledges that the Software is a test product and its accuracy and reliability are not guaranteed. Owing to its experimental nature, Tester is advised not to rely exclusively on the Software for any reason. Tester waives any and all claims it may have against the Company arising out of the performance or nonperformance of the Software.
THE SOFTWARE IS PROVIDED AS IS, AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO IT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability : The Company shall not be responsible for any loss or damage to Tester or any third parties caused by the Software or by the Company's performance of this Agreement.
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE, WHETHER BASED ON CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE SOFTWARE OR ANY PERFORMANCE OF THIS AGREEMENT