JigTime License Agreement:
JigTime End User License Agreement
This JigTime End User License Agrement (“Agreement”) is a binding agreement between you (“End User” or “you”) and JigTime, Inc., a Massachusetts Corporation (“Company”). This Agreement governs your use of the JigTime App, and any iterations or versions thereof (collectively, the “JigTime App”). This Agreement grants you a limited license to use the JigTime App, but does not grant you ownership over a copy of the JigTime App.
BY DOWNLOADING, INSTALLING, ACCESSING, AND USING THE JIGTIME APP OR CREATING A JIGTIME ACCOUNT, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND THAT IF YOU ARE 18 YEARS OF AGE OR OLDER THAT YOU HAVE REVIEWED AND AGREE TO THIS AGREEMENT OR IF YOU ARE BETWEEN THE AGES OF 13 AND 18 THAT YOUR PARENT OR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THIS AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE PROHIBITED FROM DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING THE JIGTIME APP AND MUST DELETE ANY COPIES OF THE JIGTIME APP THAT YOU HAVE DOWNLOADED OR INSTALLED.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN THROUGH JURY TRIALS OR CLASS ACTIONS (SECTION 20), AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE (SECTION 13).
1.LICENSE GRANT. Subject to the terms of this Agreement, Company grants you a limited,
2.LICENSE RESTRICTIONS. You, as licensee, under this Agreement may not:
a)copy the JigTime App, except as expressly permitted by this Agreement;
b)modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the JigTime App;
c)reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the JigTime App or any part thereof;
d)remove, delete, alter, or obscure any trademark or any notice in the JigTime App or any copy thereof of any copyright, trademark, patent, or other intellectual property or proprietary rights;
e)rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the JigTime App or any features or functionality of the JigTime App, to any third party for any reason;
f)engage in any harassing, intimidating, predatory, or stalking conduct;
g)attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
h)use the JigTime App for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement; or
i)Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
Further, in order to protect the integrity and security of the JigTime App, you acknowledge and agree that when you access or otherwise use the JigTime App you are prohibited from:
a)using or attempting to use an account belonging to another user without authorization;
b)uploading viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful to the JigTime App, to the JigTime App’s users, or to third parties through the JigTime App;
c)attempting to gain unauthorized access to, interfering with, damaging, or disrupting any part of the JigTime App, the server on which parts of the JigTime App are stored, or any server, computer or database connected to the JigTime App; and
d)engaging in conduct that could disable, overburden, or impair the functionality or appearance of the JigTime App.
3.RESERVATION OF RIGHTS. You acknowledge and agree that the JigTime App is provided to you under license, and not sold to you. You have no ownership interest in the JigTime App under this Agreement, or any other rights thereto other than to use the JigTime App in accordance with the license granted herein, subject to all terms, conditions and restrictions under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the JigTime App, and its component parts, including all copyrights, trademarks and other intellectually property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4.COLLECTION AND USE OF YOUR INFORMATION. You acknowledge that when you download, install, or use the JigTime App, Company may use automatic means (including, for example, cookies or analytics technology) to collect information about your mobile device and about your use of the JigTime App. You also may be required to provide certain information about yourself as a condition of downloading, installing, or using the
5.USER CONTENT; LICENSE AGREEMENT. You are authorized to upload, use, post, and distribute content, including photos, comments, and other similar content or information (“User Content”) from your mobile device to and through the JigTime App, so long as such content complies with the terms of this Agreement, including the following terms and conditions:
a)any User Content uploaded, used, posted, or distributed by you on or through the JigTime App conforms with Section 6 (“USER CONTENT RESTRICTIONS”).
b)Company does not guarantee any confidentiality with respect to any User Content you upload, use, post, or distribute to and through the JigTime App. Indeed, User Content you disclose on or through the JigTime App may be available to others, so you should be mindful of User Content you wish to post that may contain personally identifiable information (e.g., name, address, phone number, social security number, birthday, etc.). COMPANY IS NOT RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM YOUR POSTING, UPLOADING, DISTRIBUTING, TRASMITING, SENDING, OR OTHERWISE MAKING AVAILABLE CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION IN CONNECTION WITH YOUR USE OF THE JIGTIME APP.
c)Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts, uploads, or distributes on or through the JigTime App. You will be solely responsible for your User Content and the consequences of posting, publishing, or otherwise transferring it to others, and you agree that Company is only acting as a passive conduit for your distribution and publication of your User Content.
d)By posting User Content on or through the JigTime App, you hereby expressly grant to Company, and you represent and warrant that you have all rights necessary to grant to Company, a
e)Company makes no representation that it endorses, supports, sanctions, encourages, verifies, or agrees with the User Content posted, uploaded, transmitted, sent or otherwise made available on or through the JigTime App. Any User Content posted, uploaded, transmitted, sent or otherwise made available on or through the JigTime App, including advice, opinions, or statements, are the views and responsibility of those who post the User Content and do not necessarily represent Company’s views or the views of its advertisers, affiliates, and vendors. You agree that Company and its advertisers, affiliates, and vendors are not responsible, and will have no liability to you, with respect to any User Content posted, uploaded, transmitted, sent or otherwise made available on or through the JigTime App.
f)You may be exposed to User Content that is inaccurate, objectionable, or otherwise incompatible with your views and opinions, and you agree that Company will not be liable for any damages you allege to incur as a result of User Content you encounter in connection with your use of the JigTime App.
6.USER CONTENT RESTRICTIONS. You are prohibited from uploading, posting, distributing, or using any User Content on or through the JigTime App that may contain the following:
a)racism, sexism, ageism, religious intolerance, bigotry, ethic slurs, or homophobia;
b)obscenity, child pornography, or other similar content;
c)content that infringes or violates someone else’s rights or otherwise violates the law;
d)content that is harmful to Company, or to its advertisers, affiliates, or vendors;
e)content that is intended to defame or otherwise libel another;
f)content that could induce or cause violence or harm against one’s self or another (e.g., threats, harassment, or bullying), or destruction of another’s property;
g)unauthorized commercial communications (such as spam or advertisements); or
h)another’s personal information (including but not limited to anyone’s date of birth, driver’s license information, passport information, social security number, postal address, telephone number,
There is zero tolerance for uploading, posting, sending, or using any User Content containing content prohibited under this Section, and a user uploading, posting, sending, or using such content will be permanently denied access to the JigTime App, and that the Company may terminate that user’s account (if applicable) immediately without notice. Additionally, Company reserves the right to remove any User Content that Company believes violates this Agreement.
If you have knowledge that another user is uploading, posting, sending, or otherwise using content prohibited under this Section, please send an email to firstname.lastname@example.org indicating the offending user and the conduct involved, including, if applicable, the content you think is in violation of this Section. Your email will remain anonymous to the fullest extent possible under applicable law and will only be used to investigate the conduct allegedly violating this Agreement.
Attn: Parker Keough, LLP
Address: 716 Beacon Street, P.O. Box 590006, Newton, MA 02459
For your complaint to be valid under the Digital Millennium Copyright Act of 1998 (“DMCA”), and related regulations, you must provide the following information in writing:
a)An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
b)Identification of the copyrighted work that you claim has been infringed;
c)Identification of the material that is claimed to be infringing and where it is located on the Service;
d)Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and,
e)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 law; and
f)A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL
PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed. The preceding requirements are intended to comply with Company’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances, users of the JigTime App who are deemed by Company at Company’s sole discretion to be repeat infringers. Company may also at its sole discretion limit access to the JigTime App and/or terminate the accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
8.UPDATES. Company may from time to time at its sole discretion develop and provide JigTime App updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any existing features or functionality. Based on your mobile device settings, when your mobile device is connected to the Internet, the JigTime App may automatically download and install Updates or you may receive notice or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the JigTime App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the JigTime App and be subject to all terms and conditions of this Agreement.
9.THIRD PARTY MATERIALS. The JigTime App may display, include, or make available
10.TERM AND TERMINATION.
a)The term of this Agreement commences when you download and install the JigTime App and will continue in effect until terminated by you or Company as set forth in this Section 10.
b)You may terminate this Agreement by deleting the JigTime App and all copies thereof from all of your mobile devices (e.g., mobile phone, tablets, etc.).
c)Company may terminate this Agreement at any time without notice, including any account you may have in connection with your use of the JigTime App. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement. Company reserves the right to investigate your use of the JigTime App in the event Company, in its sole and absolute discretion, believes you to have violated this Agreement. YOU AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES RESULTING FROM COMPANY’S REMOVAL OF YOUR USER CONTENT OR SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE JIGTIME APP (OR ANY PORTION THEREOF).
i.all rights granted to you under this Agreement will terminate; and
ii.you must cease all use of the JigTime App and delete all copies of the JigTime App from all of your mobile devices, including mobile phones and tablets, and your account.
e)After Company terminates or deactivates your account for inactivity, voluntary cancellation, or any other reason, Company has no obligation to retain, store, or provide you with any data, information,
f)The termination of this Agreement or deactivation of your account does not in any way revoke the
g)Termination will not limit any of Company’s rights or remedies at law or in equity.
11.INDEMNIFICATION. You agree to defend, indemnify and hold harmless Company and its agents, licensors, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your access to and use of the JigTime App; (ii) any User Content you upload, transmit, distribute, display, or otherwise use on or through the JigTime App; (iii) your violation of any provision of this Agreement; (iv) your violation of any
12.DISCLAIMER OF WARRANTIES. THE JIGTIME APP IS PROVIDED TO YOU, AS LICENSEE, “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE JIGTIME APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE JIGTIME APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPICATION, SUCH AS PHOTOS, IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE OR OTHER DEVICE(S) OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE JIGTIME APP.
SOME JURISDICTIOS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
13.LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE JIGTIME APP AND ITS FEATURES, INCLUDING DOWNLOADING OR VIEWING PHOTOS SENT TO YOU BY OTHER USERS. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO OR USE OF THE JIGTIME APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING $100 DOLLARS.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14.ASSIGNMENT. This Agreement, and any rights granted to you hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15.EXPORT REGULATION. The JigTime App may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export,
regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting,
16.SEVERABILITY. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the extent required by such court or tribunal, but all of the remaining provisions of this Agreement shall continue in full force and effect.
17.WAIVER. No waiver by Company of any term of condition set forth in this Agreement shall be deemed a further or continuing waiver of such term of condition or a waiver of any other term of condition, and any failure of Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
19.GOVERNING LAW. This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of or related to this Agreement or the JigTime App shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case (except as provided in Section 20 below) located in Boston, Massachusetts and Suffolk County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20.ARBITRATION. You and Company agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof, by binding arbitration by a single arbitrator of the American Arbitration Association (“AAA”) in Suffolk County, Massachusetts under the commercial rules then in effect for the AAA. All arbitration proceedings will remain confidential. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney’s fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In no event shall the arbitrator award punitive or exemplary damages. Nothing herein shall prevent a party from seeking injunctive relief, where appropriate, from a court of competent jurisdiction pending the outcome of any arbitration concerning the subject of such arbitration or when authorized by an arbitrator's award or when emergency relief is required.
21.LIMITATION OF TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE
JIGTIME APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.