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LD is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. Product Claims: Intellectual Property Rights: Legal Compliance: You represent and warrant that i you are not located in a country that is subject to a U. Government embargo, or that has been designated by the U. Government list of prohibited or restricted parties. Developer Name and Address: Box , Cambridge, MA Telephone , email: Third Party Beneficiary: You must be 18 years of age or older 21 years of age in places where 18 years is not the age of majority to use JACKD Services and to register as a user.
If we discover or have any reason to suspect that you are not over 18 years of age 21 years of age in places where 18 years is not the age of majority , then we reserve our right to suspend or terminate your membership or use of the JACKD Services immediately and without notice. The material provided on JACKD Services is protected by law, including, but not limited to, United States copyright law, trademark and international treaties.
These terms of access apply to your access to and use of JACKD Services and do not alter in any way the terms and conditions of any other agreement you may have with the Company for products, software, services or otherwise, unless otherwise directed by the Company. If you breach any of these terms and conditions, your authorization to use JACKD Services automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to JACKD Services.
Permission is granted to display and use the materials on JACKD Services for private personal entertainment, educational and noncommercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on JACKD Services for commercial use without prior written approval of the Company.
Any unauthorized use of any material contained on JACKD Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. You are granted a limited, nonexclusive right to create a hypertext link to JACKD Services provided that such link is to the entry page of JACKD Services and does not portray the Company or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner.
This limited right may be revoked at any time for any reason whatsoever. The Company has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their Content or their policies, including, without limitation, privacy policies or lack thereof. The Company does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites. Downloadable Materials. If you download the JACKD mobile application, use of the software is additionally subject to the license terms in the end user license agreement that accompanies or is provided with the software.
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You may not download or install the software until you have read and accepted the terms of the applicable end user license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable end user license agreement in the case of software, or the express written consent of the Company in the case of codes or other downloadable materials. Limited Access. Except as otherwise expressly permitted by the Company, any access or attempt to access other areas of the Company computer system or other information contained on the system for any purposes is strictly prohibited.
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of JACKD Services. Additional Use Restrictions. You shall not post, message, transmit, e-mail, re-transmit or store material on or through any of the JACKD services provided by the Company which, in the sole judgment of the Company: If you are unsure of whether any contemplated use or action is permitted, please contact the Company at support jackd.
By way of example, and not limitation, the following uses described below of the JACKD Services are expressly prohibited:. The Company does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the JACKD Services, nor does the Company endorse any opinions expressed by Users or others. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement and do not represent the views of the Company.
The Company disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational Content. The Company does not and cannot guarantee or warrant that the files available for downloading from the JACKD Services, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.
The Company does not warrant that the JACKD Services, software, materials, products, or services will be uninterrupted or error-free or that any defects in the JACKD Services, software, materials, products, or services will be corrected. The JACKD Services are intended only as personal, location based services for individual use and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance or any other application in which the failure or inaccuracy of that application or the JACKD Services could lead directly to death, personal injury or server physical or property damage.
In no event will the Company, its Directors, Officers, Employees, Agents, Affiliates, or Content or Service providers or other third parties mentioned at or in the JACKD Services be liable for any damages, including, without limitation direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of the JACKD Services, any web sites linked to the JACKD Services, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort including but not limited to, negligence or any other legal theory and whether or not advised of the possibility of such damages.
If your use of the materials or information from the JACKD Services results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the JACKD Services, including but not limited to, content, features or hours of availability. Any idea you transmit to or post on the JACKD Services by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by the Company or its affiliates for any purpose whatsoever, including, but not limited to, developing and marketing products.
You are prohibited from posting or transmitting to or from the JACKD Services any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law. Digital Millennium Copyright Act Compliance.
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As set forth in Subsection b , you must contact our Copyright Agent in writing listed above, if you believe that a work protected by a U. It is our policy in appropriate circumstances, if possible, to terminate the access rights of repeat infringers and other users who use the JACKD Services in an inappropriate or objectionable manner. While the standard service on JACKD is free, additional data charges may apply to you depending on the data plan you have with your mobile carrier.
If there is a charge associated with a portion of the JACKD Services, you agree to pay that charge by accessing or using it. Fees and charges are collected by the App Store on your mobile device.
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You should consult with the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. The Company relies on the App Store to collect subscription fees and to report on the status of subscription accounts. Suspension or cancellation of the JACKD Services for non-payment could result in a loss of access to and use of your account and its content.
You must make all payments through the applicable App Store. You agree to pay all fees and charges incurred in connection with your use of the JACKD Pro Version including any applicable taxes at the rates in effect when the charges were incurred. You are responsible for paying for any amounts for services billed to your mobile device, debit or credit card or PAYPAL account by an App Store or third party who had access to these account, whether or not such amounts were authorized by you.
Subscriptions are managed by the App Store directly. The Company does not have the ability to manage any aspect of your subscription on your behalf, including, but not limited to, initiating, canceling or refunding subscriptions. Subscriptions are valid for either 7, 30, 90, , or days. Payment will be charged to your App Store account at confirmation of purchase.
If you have chosen an auto renew subscription plan, your subscription automatically renews unless auto-renew is turned off at least twenty-four 24 hours before the end of the current period. Your account will be charged the then-applicable subscription price within twenty-four 24 hours prior to the end of the current period.
Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings screen in the App Store app on your device after purchase. No cancellation of the current subscription is allowed during your current active subscription period. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information regarding any user or member alleged by any governmental entity to be using the JACKD Services or any Content or materials available in, at, through or in association with the JACKD Services in violation of any law or regulation, or in violation of this Agreement, including, without limitation, the posting of e-mail messages, or publishing or otherwise making available any such materials.
If any provision s of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision s shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement may be assigned in whole or in part by the Company. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Company. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts notwithstanding any conflict of laws provisions. Compliance with California Civil Code - Section Chapter 2.
Dating Service Contracts. Notwithstanding anything in these Terms of Access and Use, You, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the original contract seller's third business day following the date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice, or send a telegram which states that you, the buyer, are canceling this agreement, or words of similar effect.
We take reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction. We also take reasonable steps to ensure that personal information is relevant for the purposes for which it is to be used. Because JACKD is global, information about you that we collect or that you submit may be transferred to, processed in, and held in countries other than the one in which you reside.
Please read the following policy to understand how your personal information will be treated. This policy may change from time to time. You are responsible for reviewing the policy so please check back periodically. This policy will let you know the following:. The types of personal information collected at these pages may include your name, gender, age, e-mail address and standard contact information, including addresses and phone numbers and your user name.
App users can use the search feature in the App to search for other users by different profile criteria. Understand that when you use the App, as a default, information about your distance from other users is public and other users of the App can see this information within your profile. As a user of JACKD you may voluntarily provide content and materials such as pictures, reviews, ratings, ideas, notes, concepts, or creative suggestions "User Submissions" to the Service. We make no representations and undertake no obligations as to the security or use of information you voluntarily include when providing User Submissions.
We reserve the right to remove any such content for any reason or no reason, including without limitation if in our sole opinion such information or material violates, or may violate, any applicable law or our Terms Of Access And Use , Profile Guidelines or End User License Agreement or to protect or defend our rights or property or those of any third party. We also reserve the right to remove information upon the request of any third party.