TERMS OF SALE
The following Terms of Sale apply to your use of all websites, mobile applications, and other products and services owned, controlled, operated, or hosted (whether now or in the future) by JibJab Media Inc. dba JibJab Bros. Studios and/or its corporate affiliates, including but not limited to JibJab.com, GifGab, and all related applications, services, tools, software, and functionalities (collectively the “JibJab Services”).
Last Updated: May 25, 2018
Please keep in mind that these Terms of Sale are subject to change by JibJab from time to time. In the event of such changes, we will post the changes on the JibJab Services and/or notify you via email. Also, we may ask you to review and consent to the changes at the time of your next account login or at the time of your next purchase through any of the JibJab Services. Changes to these Terms of Sale shall apply to any purchases made after such notice and consent. Please review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, please do not make any purchases on or through the JibJab Services.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND AN ARBITRATION CLAUSE IN SECTION 4.9 THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
You must be a Member to access certain goods, services, and content offered through the JibJab Services, such as the JibJab Premium Content Services described in Section 1.5 below (collectively “Membership-based Features”). JibJab may offer different membership plans across different platforms, and some membership plans may include special promotional pricing with differing conditions and limitations. With respect to any Membership-based Features, you acknowledge and agree that, by making such features accessible to Members in general, JibJab will have fully satisfied its obligation to deliver or otherwise provide such features to you (and/or to your intended authorized recipients), regardless of your or your recipients’ failure or inability to use such features.
1.1 PURCHASING A MEMBERSHIP:
If you decide to register for a membership, we will charge you the applicable membership fee for the applicable membership term using your selected payment method at the time of purchase. If JibJab alters the membership fee or makes other changes to your membership, you will be notified in advance about the changes via email. It is important to keep in mind that if you signed up for a membership during a promotional period, the promotional price may only be active for a certain period of time, based on our sole discretion.
1.2 MEMBERSHIP RENEWALS:
As a Member, your membership will renew either annually or monthly, depending on your applicable membership plan. For example, if you start your annual membership on March 15th, you will be billed on March 15th the following year. If you start your monthly membership on March 15th, you will be billed on April 15th the following month. For some JibJab products and services, your membership will automatically be renewed at the end of the membership term unless you turn off the auto-renew feature or cancel your membership prior to the expiration date of your then-existing membership. To cancel your membership auto-renewal, please go to the “My Account” section of the JibJab Services where you have a membership or to the applicable third-party interface if you purchased a membership to JibJab through a third party. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, IN WHOLE OR IN PART, FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the Membership-based Features will continue only for the remainder of your applicable membership term.
You may cancel your membership at any time. However, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS, IN WHOLE OR IN PART, FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the Membership-based Features will continue only for the remainder of your applicable membership term. At our sole discretion, we may provide a discount or other accommodation to some or all of our Members at any time and for any reason. Our offering of a discount or other accommodation in one instance does not entitle you to, or obligate us to provide, the same treatment in the future for similar instances.
If you pay for a membership through a third-party service (such as through the iTunes App Store, for example), you may need to access your account through that applicable third-party interface to cancel your membership to or turn off auto-renew for the JibJab Services. The billing information related to your membership may also be accessible via your account with the applicable third party.
1.4 TRIAL PERIODS:
We know that sometimes you’d like a little time to try out the JibJab Services before wanting to fully commit. To allow customers an opportunity to “sample” our products and services, occasionally we offer trial periods during which you will have the ability to cancel your membership within a stated period of time and receive a full refund (e.g., a 30-day satisfaction guarantee). If you do not cancel during the trial period, your trial membership will automatically be converted to a non-trial membership upon expiration of the trial period. If you cancel after the trial period has ended, NO REFUND will be given, whether in whole or in part, and your access to the Membership-based Features will continue only for the remainder of the membership term. To cancel your membership during the trial period, please go to the “My Account” section of the JibJab Services where you have a membership or to the applicable third-party interface if you purchased a membership to JibJab through a third party.
1.5 JIBJAB PREMIUM CONTENT SERVICES:
It is important to keep in mind that a membership is required to access certain parts of the JibJab Services that allows you to create digital greeting cards and personalized media using certain JibJab Content, including without limitation, audio, audiovisual, and/or still images (as the service may permit) from JibJab’s library (the “JibJab Premium Content”), to personalize such JibJab Premium Content (in certain instances), and to share such JibJab Premium Content with others, all to the extent permitted by JibJab (the “JibJab Premium Content Services”).
Unless otherwise noted, you will have access to your JibJab Premium Content for a minimum of two (2) weeks upon creation, unless earlier removed by you or your recipient. All JibJab Premium Content from JibJab’s library that is offered as part of the JibJab Premium Content Services constitute part of JibJab’s proprietary content, and your use thereof is subject to your compliance with our Terms of Service.
In addition, any messages that you include with your JibJab Premium Content must comply with all terms and conditions regarding User Materials and user conduct as set forth in our Terms of Service.
For the avoidance of doubt, the JibJab Premium Content Services are services (notwithstanding any use of the terms “purchase,” “buy,” “sell,” “order,” or the like on the JibJab Services or in these Terms of Sale), and neither you nor your recipient obtains or retains any rights or ownership interest of any kind in or to any JibJab Premium Content, and neither you nor your recipient may reproduce, distribute, transfer, modify, create derivative works, or otherwise use such content in any manner other than as expressly authorized by JibJab.
All use of the JibJab Premium Content Services is for your personal, non-commercial use only.
1.6 JIBJAB’S RIGHT TO TERMINATE:
We hope that it never reaches this point, but if necessary, JibJab reserves the right to terminate your account and/or membership at any time for any breach or violation by you of our Terms of Service. In the event of such termination, you will not be entitled to any refund of any unused portion of the membership fee previously paid by you.
2. A LA CARTE PURCHASES:
No membership is necessary to purchase certain virtual goods, physical goods, gift memberships, or material offered on a pay-per-download basis through the JibJab Services. For purchases of a la carte virtual goods, physical goods, or pay-per-download material, we will bill you on an order-by-order basis, i.e., we will charge the purchase amount to your specified payment method when you click submit on the order or download page.
For the avoidance of doubt, neither the term “physical goods” nor the term “pay-per-download material” will include online, streaming use of the JibJab Premium Content described in Section 1.5 above (except for special orders and as otherwise noted by JibJab).
2.1 PHYSICAL GOODS:
All physical goods purchased through the JibJab Services will be shipped FOB Shipping Point. Title to such goods passes from JibJab to you upon shipment. Subject to our return and exchange policies set forth in this Section 2.1, all purchases of physical goods through the JibJab Services are final, non-cancelable, and non-refundable. You may return the following items within ten (10) days of delivery for a refund of the purchase price actually paid by you, subject to the terms and conditions set forth below: (i) new, unopened items in their original containers or packaging; and (ii) defective or damaged items, or items delivered due to an error by JibJab (each, a “Faulty Item”). However, we DO NOT accept returns of the following: (i) items returned more than 10 days after delivery; (ii) items that have been opened, unless it is a Faulty Item; (iii) items that have obvious signs of use; or (iv) damaged items where damage occurred after your receipt of the item or during the return shipping. Except for Faulty Items, a twenty-percent (20%) restocking fee may be applied to your return and you will be responsible for paying the return shipping costs. To return any item, you must contact us at firstname.lastname@example.org first for a return authorization number, and NO return will be accepted without a return authorization number.
In lieu of a refund, you may exchange a Faulty Item for the same item, provided that you return the Faulty Item with an exchange request within ten (10) days of delivery. Unfortunately, we cannot accept exchange of a Faulty Item for a different item. If you wish to purchase a different item, you may return the Faulty Item for a refund and place a new order for the item you wish to purchase.
2.2 GIFT MEMBERSHIPS:
We may offer you the opportunity to purchase a gift membership(s) that must be redeemed by your recipient within five (5) years of purchase. A gift membership has a term of five (5) years from the date it is issued. IF AND TO THE EXTENT A GIFT MEMBERSHIP IS NOT USED WITHIN FIVE (5) YEARS FROM THE DATE IT IS ISSUED, THE GIFT MEMBERSHIP EXPIRES. Gift memberships can only be redeemed once and cannot be exchanged for cash.
2.3 PAY-PER-DOWNLOAD MATERIAL:
With respect to any a la carte virtual good or pay-per-download material that you purchase through the JibJab Services, you acknowledge and agree that, upon making such material available to you (or to your intended authorized recipients) for download, JibJab will have fully satisfied its obligation to deliver or otherwise provide such material, regardless of your or your recipients’ failure or inability to view, play, use, or store such material. All purchases of a la carte virtual goods and pay-per-download material through the JibJab Services are final, non-cancelable, and non-refundable, and no such material is returnable or exchangeable (except as expressly otherwise provided in these Terms of Sale or as otherwise determined by JibJab in its sole discretion). For the avoidance of doubt, a la carte virtual goods and pay-per-download material is provided for your personal, non-commercial use only and remains the exclusive property of JibJab.
3. MEMBERSHIP ENHANCEMENTS:
We are always improving our service and offering new promotions for our Members. We may offer enhancements related to your membership and/or a la carte purchase options. For example, we may offer an ad-free membership, a membership that includes bonus content, or the ability to download digital video files to your desktop for an additional fee.
Such membership enhancements may be added for an additional NON-REFUNDABLE fee and may be cancelled at any time (provided that you will continue to have access to your purchased enhancements for the duration of your basic membership). You may renew your basic membership and choose not to renew your membership enhancements, but you may not renew membership enhancements without a basic membership.
4. GENERAL PROVISIONS:
4.1 PURCHASE QUALIFICATIONS; ACCOUNT SECURITY:
To make any purchase through the JibJab Services (including, without limitation, purchase of memberships, a la carte virtual goods, physical goods, gift memberships, and/or pay-per-download material), you must be a Free Account Holder (as defined in our Terms of Service) and comply with these Terms of Sale (including our Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. JibJab sells its products and services only to those who can legally make purchases with a credit card/debit card. If you are under 18 years of age (but not younger than 16), you may make purchases through the JibJab Services only with the consent and supervision of a parent or guardian. No one under 16 is allowed to make any purchase through any of the JibJab Services. JibJab reserves the right to refuse or cancel any customer order or terminate any customer account with JibJab at any time in its sole discretion (except as prohibited by law).
4.2 PAYMENT METHOD AND TERMS:
We accept Visa, MasterCard, American Express, and Discover credit cards and certain debit cards as forms of payment. By submitting an order through the JibJab Services, you authorize JibJab, or its designated payment processor, to charge the purchase amount (and in the event of a membership renewal, you authorize JibJab, or its designated payment processor, to automatically charge the renewal amount) to the credit card/debit card account you specified. No purchase will become effective unless and until your payment has been accepted and processed.
JibJab also accepts payment through various third-party services (such as iTunes). In those cases, the terms of sale applicable to those third-party services will govern the processing of your payment.
JibJab may have certain products or services that can be purchased through your mobile service (e.g., Premium SMS billing). You will find these charges on your mobile bill. Please keep in mind that you are responsible for any device connection charges you may incur when you use our services. If while using our application you use your cellular network (rather than Wi-Fi), you may be charged standard data rates. International data roaming charges may apply when using our application when traveling outside your home country. We recommend speaking about data roaming charges with your cellular carrier before using our application abroad. If you purchase a JibJab product or service through texting messaging/SMS or use our sharing feature via mobile, then standard texting messaging rates/fees may apply. These purchases are non-refundable and final. JibJab will not refund any purchase(s) made via an SMS charge in the event of technical incapability or non-functionality of the message.
JibJab reserves the right to report, investigate, and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized, or otherwise unlawful use of any credit card or debit card by any person through the JibJab Services.
You are responsible for any and all applicable sales, use, and other taxes, duties, and governmental fees and charges payable in connection with your purchase made through the JibJab Services. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and JibJab reserves the right to collect or withhold such taxes or fees from you at any time.
4.4 PRODUCT AND SERVICE AVAILABILITY; ERRORS:
JibJab may revise, discontinue, or modify products or services offered through the JibJab Services, at any time without prior notice to you. If a product or service offered to you is or becomes unavailable, JibJab may decline or cancel your order (and issue you a refund if you have paid for the order), with no further liability or obligation to you. If a product or service offered to you is or becomes unavailable, JibJab may, in its sole discretion, offer to substitute your order with another product or service of equal or greater value and will make such substitution only with your written or recorded consent.
While we strive to eliminate errors on the JibJab Services, we do not warrant that all products, services, information, and content offered through the JibJab Services will be accurate, complete, reliable, current, or error-free. Unless expressly otherwise noted, all products, services, information, and content offered through the JibJab Services are provided “as is” without warranty of any kind. In the event of an error by JibJab in processing or delivering your order, JibJab may, at its election: (i) correct such error and revise your order accordingly if necessary (including charging the correct price and billing you for any undercharged amount or refunding to you any overcharged amount, as the case may be); or (ii) cancel your order affected by the error and issue a refund of the purchase amount actually paid by you for such order. By placing an order through the JibJab Services, you acknowledge and agree that, in the event of an error by JibJab in processing or delivering your order, your sole remedy is to cancel your order and return the physical goods delivered (if any) for a refund of the purchase amount actually paid by you, all subject to JibJab’s cancellation, return, and refund policies set forth in these Terms of Sale.
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH ANY OF THE JIBJAB SERVICES ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY JIBJAB. JIBJAB ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD THROUGH ANY OF THE JIBJAB SERVICES.
ALL PRODUCTS AND SERVICES AVAILABLE THROUGH THE JIBJAB SERVICES ARE PROVIDED OR SOLD "AS-IS" AND JIBJAB DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. JIBJAB CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. JIBJAB DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES, OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by JibJab.
4.7 LIMITATION ON LIABILITY:
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL JIBJAB OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, FOR ANY LOST PROFITS OR LOST DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES THAT MAY ARISE FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES THROUGH THE JIBJAB SERVICES, EVEN IF JIBJAB IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JIBJAB'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO JIBJAB FOR THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE THROUGH THE JIBJAB SERVICES, BUT IN NO CASE WILL JIBJAB'S TOTAL LIABILITY TO YOU EXCEED $200.00 USD.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
4.8 GOVERNING LAW; VENUE AND JURISDICTION:
You and JibJab each agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale and any dispute of any sort that might arise between you and JibJab or any of our affiliates. Without limiting the generality of the preceding sentence, the United States Federal Arbitration Act and federal arbitration law shall apply to these Terms of Sale.
With respect to any disputes or claims not subject to arbitration (as set forth below), you and JibJab each agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Los Angeles County, California, and BOTH YOU AND JIBJAB IRREVOCABLY consent to, and waive all defenses of, lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in the Los Angeles County, California.
YOU AND JIBJAB AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE OR THE SALE OF ANY PRODUCT OR SERVICE BY JIBJAB SHALL BE FINAL AND BINDING ARBITRATION, except that: (i) to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief; and (ii) you may assert a claim in a small claims court if your claim qualifies.
In the event of a dispute, you or JibJab must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute in writing to us at JibJab Bros. Studios, ATTN: Arbitration Notice, 13428 Maxella Ave #363, Marina Del Rey, CA 90292. We will send any notice of dispute to you at the contact information we have for you.
Unless you and JibJab are able to resolve the dispute through informal negotiation within sixty (60) days from the date a party’s notice of dispute is sent to the other party, either you or JibJab may commence arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. BY ARBITRATING, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.
Arbitration under these Terms of Sale shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Consumer Arbitration Rules (the “AAA Rules”), available here or by calling the AAA at 1-800-778-7879. The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules. If such costs are determined to be excessive in a consumer dispute, JibJab will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY JIBJAB PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
You agree to indemnify and hold JibJab, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any products or services offered through any of the JibJab Services, or any violation of these Terms of Sale or of any law or the rights of any third party.
If you have any questions about these Terms of Sale or your dealings with any of the JibJab Services, please contact us via email at email@example.com, or via mail at JibJab Bros. Studios, 13428 Maxella Ave #363, Marina Del Rey, CA 90292.