Terms of Use

1. Your Acceptance

A. These terms of service (“Terms of Service”) are a binding legal agreement between you and Jones Soda Co., regarding your use of the jonesgaba.com website. Please read these Terms of Service carefully. By accessing or using the website, you signify your agreement to (1) these Terms of Service, and (2) the Community Guidelines incorporated here by reference. If you do not agree to any of these terms or the Community Guidelines, please do not use the website.

B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of the Terms of Service. Jones Soda Co., in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. The website

A. These Terms of Service apply to all users of the website, including users who are also contributors of picture content, information, and other materials or services on the website.

B. The website may contain links to third party websites that are not owned or controlled by Jones Soda Co. Jones Soda Co. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Jones Soda Co. will not and cannot censor or edit the content of any third-party site. By using the website, you expressly relieve Jones Soda Co. from any and all liability arising from your use of any third-party website.

3. General Use of the website — Permissions and Restrictions

Jones Soda Co. hereby grants you revocable, non-transferable, and non-exclusive permission to access and use the website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the website, including but not limited to Content and User Submissions (each as defined below), without Jones Soda Co.’s prior written authorization.

B. You agree not to alter or modify any part of the website, including but not limited to Jones Soda Co.’s technologies.

C. You agree not to access User Submissions (defined below) or content through any technology or means other than any explicitly authorized means designated by Jones Soda Co.

D. You agree not to use the website for any commercial use, without the prior written authorization of Jones Soda Co. Prohibited commercial uses include any of the following actions taken without Jones Soda Co.’s express approval:

Sale of access to the website or content or services on another website;
Use of the website or content or services for the purpose of gaining advertising or subscription revenue;
The sale of advertising, on the website or any third-party website, targeted to the content of specific User Submissions or the website’s content;
Any use of the website or its content or services that Jones Soda Co. finds, in its sole discretion, to use its resources or User Submissions with the effect of competing with or displacing the market for the website, its content, or its User Submissions.

E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the website in a manner that sends more request messages to the Jones Soda Co. servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Jones Soda Co. grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Jones Soda Co. reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the website, nor to use the communication systems provided by the website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the website with respect to their User Submissions.

F. You will otherwise comply with the terms and conditions of these Terms of Service, Community Guidelines, and all applicable local, national, and international laws and regulations.

G. Jones Soda Co. reserves the right to discontinue any aspect of the website at any time.

4. Your Use of Content on the Website
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the website.

A. The content on the website, except all User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, pictures, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Jones Soda Co., subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Jones Soda Co. reserves all rights not expressly granted in and to the website and the Content.

B. You may access User Submissions solely:

For your information and personal use in accordance with these Terms of Service; and
As intended through the normal functionality of the website.

C. User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the website. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement.

D. You may access Content, User Submissions and other content only as permitted under this Agreement. Jones Soda Co. reserves all rights not expressly granted in and to the Content and the website.

E. You agree to not engage in the use, copying, reproduction, transmission, broadcast, selling, licensing, downloading, or otherwise exploiting any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the website for any commercial purposes.

F. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.

G. You understand that when using the website, you will be exposed to User Submissions from a variety of sources, and that Jones Soda Co. is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Jones Soda Co. with respect thereto, and agree to indemnify and hold Jones Soda Co., its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.

6. Your User Submissions and Conduct

A. You may submit picture content (“User Pictures”) and textual content (“User Comments”) to Jones Soda Co. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, Jones Soda Co. does not guarantee any confidentiality with respect to any User Submissions.

B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize Jones Soda Co. to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the website and these Terms of Service.

C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to Jones Soda Co., you hereby grant Jones Soda Co. a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions, including without limitation for promoting and redistributing part or all of the website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the website and under these Terms of Service.

D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Jones Soda Co. all of the license rights granted herein.

E. You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.

F. Jones Soda Co. does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Jones Soda Co. expressly disclaims any and all liability in connection with User Submissions. Jones Soda Co. does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Jones Soda Co. will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Jones Soda Co. reserves the right to remove Content and User Submissions without prior notice.

G. If you provide feedback to us regarding the website, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.

7. Termination Policy

A. You may terminate your use of the Website at any time. Jones Soda Co. may suspend or terminate your access to the website or terminate these Terms of Service, at any time, for any reason. If Jones Soda Co. suspects that you have violated any provision of these Terms of Service, Jones Soda Co. may also seek any other available legal remedy. Your rights under these Terms of Service will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the website, even after you have stopped using the website.

B. Jones Soda Co. reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material. I Jones Soda Co. may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

8. Copyright Infringement

A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Jones Soda Co.’ designated Copyright Agent to receive notifications of claimed infringement is:

Jones Soda Company
234 9th Avenue North
Seattle, WA 98109
United States of America

You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.

B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:

Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Seattle, Washington and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, Jones Soda Co. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Jones Soda Co.’ sole discretion.

C. Repeat Infringers. Jones Soda Co. will terminate the access privileges of any user who repeatedly infringes the copyright rights of others.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE, CONTENT, AND USER SUBMISSIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND JONES SODA CO., ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JONES SODA CO. MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS 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 WEBSITE. JONES SODA CO. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JONES SODA CO. WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

10. Limitation of Liability

IN NO EVENT SHALL JONES SODA CO., ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM RESULTING FROM YOUR ACCESS OR USE OF THE WEBSITE, CONTENT, OR USER SUBMISSIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE MAXIMUM TOTAL LIABILITY OF JONES SODA CO., ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $25. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

The website is controlled and offered by Jones Soda Co. from its facilities in the United States of America. Jones Soda Co. makes no representations that the website is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless Jones Soda Co., its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the website.

12. Privacy

Jones Soda Co. may collect registration and other information about you through the website. Jones Soda Co.’ collection, use, and disclosure of this information is governed by the Jones Soda Co. Privacy Policy.

13. Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

14. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Jones Soda Co. without restriction.

15. General

By using the website, you consent to receiving electronic communications from Jones Soda Co.. These communications will include notices about your account and information concerning or related to the website. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. These Terms of Service shall be governed by the internal substantive laws of the State of Washington, without respect to its conflict of laws principles. Any claim or dispute between you and Jones Soda Co. that arises in whole or in part from the website shall be settled exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Seattle, Washington, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration. These Terms of Service, together with any other legal notices published by Jones Soda Co. on the website, shall constitute the entire agreement between you and Jones Soda Co. concerning the website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Jones Soda Co.’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Jones Soda Co. reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND Jones Soda Co. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Privacy Notice

The following privacy notice applies to the jonesgaba.com website.

Personal Information

Activity. We may ask for some personal information, including your e-mail address, for certain activities on the website, such as for uploading pictures and posting comments.
Usage Information. We may record information about your usage, such as when you use the website, the channels, groups, and favorites you subscribe to, the contacts you communicate with, and the frequency and size of data transfers, as well as information you display or click on in the website (including UI elements, settings, and other information). We may use clear GIFs (a.k.a. “Web Beacons”) in HTML-based emails sent to our users to track which emails are opened by recipients.
Content Uploaded to Site. Any personal information or picture content that you voluntarily disclose online (on discussion boards, in messages and chat areas, etc.) becomes publicly available and can be collected and used by others.

Uses

If you submit personally identifiable information to us through the website, we may use your personal information to operate, maintain, and provide to you the features and functionality of the website, as well as provide special personalized features to you.
Certain information may be displayed to other Users when you upload pictures or send messages through the website and other Users can contact you through messages and comments. Any pictures that you submit to the website may be redistributed through the Internet and other media channels, and may be viewed by the general public.
We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as for customer service purposes).
We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the website and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
We use cookies, clear gifs, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the website (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.

Your Choice
You may, of course, decline to submit personally identifiable information through the website, in which case you can still view pictures and explore the website, but Jones Soda Co. may not be able to provide certain services to you.

Copyright Infringement Notification

To file a copyright infringement notification with Jones Soda Co., you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements).

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notice should be sent to our designated agent as follows:

Jones Soda Company
234 9th Avenue North
Seattle, WA 98109
United States of America

Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Counter-Notification

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.

The following is a general guide on what makes a picture copyright infringing and ineligible for upload on the Website.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY, AND WE ENCOURAGE YOU TO SEEK YOUR OWN COUNSEL.

Posting copyright-infringing content can lead to the termination of your use of the website, and possibly monetary damages if a copyright owner takes you to court. Here are some GENERAL guidelines to help you determine whether your picture is eligible or whether it infringes someone else’s copyright.

Full info after the jump.

Make Sure Your Picture Does Not Infringe Someone Else’s Copyrights

YOU create something completely original! If it’s all yours, you never have to worry about the copyright—you own it! Be sure that all components of your picture are your original creation. For example, if someone else’s trademark appears in your photo, you need to obtain permission from the trademark holder in order to post your photo to the Website.

Commercial Content Is Copyright-Protected
DON’T make copies of copyright-protected content. The most common reason pictures for copyright infringement is that they are direct copies of content owned by another, and the owner has alerted us that the content is being used without permission. Once we become aware of an unauthorized use, we will remove the picture promptly. That is the law.

Photos or images owned by somebody else are protected by that person’s copyrights!

A Few Guiding Principles

It doesn’t matter whether or not you give credit to the owner/author/songwriter—it is still protected by copyright.
It doesn’t matter that you are not selling the picture for money—it is still protected by copyright.
It doesn’t matter whether or not the picture contains a copyright notice—it is still protected by copyright.
It doesn’t matter that you are not selling the picture for money—it is still copyrighted.
It doesn’t matter whether other similar pictures appear on our site—it is still protected by copyright.
It doesn’t matter if you created a collage of content—even though you edited it together, the individual pieces of content are still protected by copyright.

What Will Happen If You Upload Infringing Content
Anytime we become aware that a picture or any part of a picture on the Website infringes the copyrights of a third party, we will take it down from the Website. We are required to do so by law. If you believe that a picture on the site infringes your copyright, send us a copyright notice and we will take it down. If you believe that we have removed a picture that you uploaded in error and that you are the copyright owner or have permission, you can file a counter notice and let us know. If you repeatedly post infringing content, your use of the Website will be terminated. This is also a requirement of the law.

Using Some Copyright-Protected Content in Your Pictures
While pictures that are direct copies of someone else’s content are clear copyright violations, there are certain very limited circumstances in which the use may be legal even without permission. This is known as the “fair use” principle of copyright law.
If you would like to learn more about the principle of fair use, below are a few links to websites that discuss it. Please remember, however, that your decision about whether and how to exercise your fair use rights is solely yours, and we at Jones Soda Co., Inc. bear no responsibility for your decision.

Fair Use Links on the Web