END USER LICENSING AGREEMENT AND TERMS AND CONDITIONS
Junket End User License Agreement (EULA)
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU (“You” or the “Authorized User”) AND JUNKET, LLC (“We” or “Company”). BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF THE JUNKET APPLICATION (“Junket”), YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS END USER LICENSE AGREEMENT (this “EULA”) AS THEY GOVERN YOUR ACCESS TO AND USE OF JUNKET. JUNKET, LLC IS WILLING TO LICENSE AND ALLOW THE USE OF JUNKET ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS EULA. IF YOU DO NOT AGREE WITH THIS EULA, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE JUNKET APPLICATION OR ANY CONTENT THEREIN.
LICENSE GRANT- Junket, LLC, is provided by Company, and this EULA provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use Junket conditioned on your continued compliance with the terms and conditions of this EULA. This EULA permits you to use and access for personal purposes only Junket. If you are using Junket on behalf of a company or other form of entity, please note that such a company or entity may have a separate agreement with Company regarding access and usage privileges for Junket. Nevertheless, your personal use of Junket will be subject to the obligations and restrictions as set forth in this EULA.
RESTRICTIONS- The foregoing license is limited. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Company through Junket in any manner not expressly permitted by this EULA. In addition, you may not modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein Junket.
USER OBLIGATIONS- By downloading, accessing, or using Junket in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on Junket, including, without limitation, when you provide information via a registration or submission form. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of Junket. This EULA is also expressly made subject to any applicable export laws, orders, restrictions, or regulations.
PROPRIETARY RIGHTS- This EULA provides only a limited license to access and use Junket. Accordingly, you expressly acknowledge and agree that Company transfers no ownership or intellectual property interest or title in and to Junket or any data or content contained therein to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through Junket, unless otherwise indicated, are owned, controlled, and licensed by Company and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Company does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of Junket may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Junket is Copyright © 2014 JUNKET, LLC and/or its licensors. All rights reserved. Junket LLC, Innovation Works, LLC, Innovation Works, LLC logo, and all other names, logos, and icons identifying Junket, LLC and its programs, products, and services are proprietary trademarks of Junket, LLC, and any use of such marks, including, without limitation, as domain names, without the express written permission of Junket, LLC is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
LOCATION-BASED SERVICES- Junket, LLC utilizes global positioning systems (“GPS”) to determine appropriate content based on your physical location. JUNKET, LLC will not be held liable for Junket not operating fully or partly due to the use or misuse of your mobile phone or device including any costs incurred should you fail to turn off Bluetooth, GPS position or data roaming. Junket LLC is not responsible for any data inaccuracy or inconsistency, which may occur from GPS spikes, or obstacles such as buildings, canyons, cloud cover and deep valleys that can interfere with GPS signals.
FEEDBACK AND SUBMISSIONS- Company welcomes your feedback and suggestions about Company’s products or services or Junket. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to JUNKET, LLC, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Company and enable Company to use such feedback. In addition, any feedback received through Junket application will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
DISCLAIMER- WHILE JUNKET, LLC ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE Junket SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. YOU ASSUME THE SOLE RISK OF MAKING USE OF Junket. JUNKET, LLC MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF Junket OR ANY DATA THEREIN FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. JUNKET, LLC ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE Junket APPLICATION WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY CONTENT OR INFORMATION CONTAINED THEREIN WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
LIMITATION OF LIABILITY- You expressly absolve and release Junket, LLC from any claim of harm resulting from a cause beyond Junket, LLC control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, server connectivity, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL JUNKET, LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE Junket APPLICATION, WITH THE DELAY OR INABILITY TO USE THE Junket APPLICATION, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE Junket APPLICATION, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF JUNKET, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF JUNKET, LLC FOR ANY REASON WHATSOEVER RELATED TO USE OF THE Junket APPLICATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO JUNKET, LLC IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS.
INDEMNITY You agree to defend, indemnify, and hold harmless JUNKET, LLC and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this EULA.
GOVERNING LAW- This EULA has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the Commonwealth of Virginia, U.S.A. as applied to agreements entered into and completely performed in the Commonwealth of Virginia. You and Company each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the Commonwealth of Virginia for any disputes between us under or arising out of this EULA. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to this EULA and acknowledge that either party may seek attorney’s fees in any proceeding. Any claim you might have against Company must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. Company makes no representation that the Junket application is appropriate or available for use in other locations outside the United States of America. You access the Junket application on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Junket application. A printed version of this EULA and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this EULA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact JUNKET, LLC if you wish to receive a printed copy of this EULA.
TERM AND TERMINATION- This EULA and your right to use the Junket application will take effect at the moment you click “I ACCEPT” or you install, access, or use the Junket application and is effective until terminated as set forth below. This EULA will terminate automatically if you click “I REJECT”. In addition, Company reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this EULA, to deny your access to the Junket application or to any portion thereof in order to protect its name and goodwill, its business, and/or other Authorized Users, and this EULA will also terminate automatically if you fail to comply with this EULA, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this EULA at any time by ceasing to use the Junket application, but all applicable provisions of this EULA will survive termination, as identified below. In addition to the miscellaneous section below, the provisions concerning Company’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this EULA for any reason.
MISCELLANEOUS- You acknowledge that any breach, threatened or actual, of this EULA will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You therefore agree that Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this EULA. Accordingly, you hereby waive any requirement that Company post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this EULA. The parties agree that this EULA is for the benefit of the parties hereto as well as Company’s licensors. Accordingly, this EULA is personal to you, and you may not assign your rights or obligations to any other person or entity without Company’s prior written consent. Failure by Company to insist on strict performance of any of the terms and conditions of this EULA will not operate as a waiver by Company of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in this EULA is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and Company as a result of this EULA or your utilization of the Junket application. Headings herein are for convenience only. This EULA represents the entire agreement between you and Company with respect to use of the Junket application, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Company with respect to the Junket application.
Junket Terms of Service
Welcome to Junket!
1. Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND JUNKET THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 17 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
3. Changes to Terms or Services
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(f) “Effect of Changes on Arbitration,” you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Description of Services
Junket provides you the functionality to convert your content (including audio, images, video, text) into an application (“User Application”) into a format that is compatible with, and available on, the relevant iOS, Android, and other software platforms. User Application, when made live only by our review and approval, will be made available to the general public, whether free or sold. We are not responsible for content distributed or sold to the general public through the Junket Application, or third-party applications. In the case where User Application is sold, you agree to the price share structure at https://wejunket.com/pricing (“Pricing Page”). We reserve the right to modify our pricing at any time and without notice, at our sole discretion. We may also provide you with access to certain “Tools” (e.g., analytics, ability to test User Application before publishing, and Content Management System), so you can visualize certain changes in your User Application.
5. Eligibility for, Access to, and Restrictions on, Use of Services
a. Eligibility. You may use the Services only if you are 13 years or older and are not barred from using the Services under applicable law.
b. Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). You can do this via the Site through our online registration procedures which we may update from time to time. Access to certain features of the Services will be limited to the plan that you choose from the options provided on the pricing page https://wejunket.com/pricing (“Subscription Plan”).
c. Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. Each user email address and password combination is a unique authentication credential to be used by only one Authorized User. You are responsible for maintaining the confidentiality of all user identifications and/or passwords. You are solely responsible for any and all activities that occur under your Account. You will not (and will not allow any Authorized User to) share your username and password with anyone (including any (other) Authorized Users). You agree to immediately notify Junket of any unauthorized use of your Account, any user identification and/or password, or any other breach of security that comes to your knowledge. Junket will have no liability for any loss or damage arising from your failure to comply with the terms set forth in this Section.
d. Restrictions. You shall not, directly or indirectly, and shall not permit any Authorized User or third party to: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the object code, source code or underlying ideas or algorithms of the Services; (ii) modify, translate, or create derivative works based on any element of the Services or any related documentation; (iii) rent, lease, distribute, sell, resell, assign, or otherwise transfer your rights to use the Services; (iv) use the Services for timesharing or service bureau purposes or otherwise for the benefit of any person or entity other than for your own benefit; (v) remove any proprietary notices from Junket materials furnished or made available to you; (vi) publish or disclose to third parties any evaluation or benchmarking of the Services without Junket's prior written consent; or (vii) use the Services for any purpose other than its intended purpose. You agree that you will be directly responsible and liable to us for: (i) ensuring that your Authorized Users agree to, and comply with, our Terms, and (ii) any violation of these Terms or applicable law by any Authorized User.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at firstname.lastname@example.org. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
7. Payments and Subscription
Junket may provide the Services for free, or it may require you to pay for the Services based on the type of Services, number of Junkets, number of User Applications, number of active Junkets, and other criteria presented on our pricing page at https://wejunket.com/pricing that you opt for. Accordingly, you may choose the type of subscription you want to avail. You will be liable to pay Junket in accordance with your Subscription Plan. You may increase the number of Junkets and User Applications under your Subscription Plan at any time during the term of your Subscription by increasing the number of Authorized Users under your Account and payment of the necessary fee for the additional Junkets and features or Applications in accordance with Section 7(b).
a. General. When you purchase a subscription (“Subscription”), you expressly authorize us (or our third-party payment processor) to charge you for the term of your Subscription each time your payment is due in accordance with your Subscription Plan (each, a “Transaction”). We may ask you to supply additional information relevant to your Transaction, including your credit card number (or other payment information), the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
b. Subscriptions. If you purchase a Subscription, you will be charged the monthly or annual (as applicable) Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month or year (as applicable) thereafter, at the then-current Subscription Fee. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year on the anniversary of the commencement of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Junket. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms. If you increase the number of Junkets or Applications by changing the number of Authorized Users under your Account, you expressly authorize us (or our third party processor) to charge your credit card on file for the pro-rated Subscription Fee corresponding to the additional Authorized Users for the remainder of your Subscription term.
c. Effect of Termination on Subscription. Our general policy is that YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. In addition, if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction or terminate your access to Services for any reason; if we cancel your Transaction or your access to Services, we’ll refund any pro-rated payment you have already remitted to us for such Transaction or access to Services. Without limiting the foregoing, you may cancel your Subscription at any time by visiting your account page on your user dashboard and following the instructions to cancel your Subscription, and upon such cancellation, we will immediately terminate your access to the Services. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period.
8. Content Ownership, Responsibility and Removal
a. Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, designs, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you and your Authorized Users) provide to be made available through the Services. Content includes without limitation User Content.
b. Ownership. Junket does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Junket and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. In addition, Junket may monitor your use of the Services and use data and information related to such User Content in an aggregate and anonymous manner, including to compile statistical and performance information related to the provision and operation of the Services ("Aggregate Data"). As between Junket and you, all right, title and interest in the Aggregate Data and all intellectual property rights therein, belong to and are retained solely by Junket, and Junket may make such Aggregate Data publicly available, and use such information to the extent and in the manner it deems fit including without limitation, as required by applicable law or regulation and for purposes of data gathering, analysis, service enhancement, service improvement, and marketing, provided that no such Aggregate Data identifies you or any Authorized User.
c. Rights in User Content Granted by You. By making any User Content available through the Services you hereby grant to Junket a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, access, process, save, store, modify, create derivative works based upon, distribute, transmit, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
d. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; (ii) you have obtained all consents and permissions from all Authorized Users and others, for your collection of the User Content contributed by them, and transmission and use thereof to Junket as contemplated herein; (iii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Junket on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation (including, any applicable local, national and international laws); (iv) Your User Content and its availability and publication on our platform and all associated third parties is subject to the sole approval and discretion of Junket to ensure quality assurance and general public safety in the Junket community.
e. Removal of User Content. You can remove your User Content by specifically deleting it or deleting your Account. However, in certain instances, some of your User Content (such as archived copies of your Junkets shared with others) may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
f. Rights in Content Granted by Junket. Subject to your compliance with these Terms, Junket grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Services and solely for your personal and internal business purposes only. You may use the Junket logo only in compliance with our standards of use to promote your Junket and User Applications.
g. Storage. JUNKET IS NOT RESPONSIBLE FOR STORING ANY USER CONTENT, AND WE RECOMMEND THAT YOU APPROPRIATELY BACK-UP ALL YOUR USER CONTENT. IN THE EVENT OF ANY LOSS OR CORRUPTION OF USER CONTENT, JUNKET WILL USE ITS COMMERCIALLY REASONABLE EFFORTS TO RESTORE THE LOST OR CORRUPTED USER CONTENT FROM THE LATEST BACKUP OF SUCH USER CONTENT MAINTAINED BY JUNKET IN THE NORMAL COURSE OF BUSINESS USING ITS STANDARD ARCHIVAL PROCEDURES. JUNKET WILL NOT BE RESPONSIBLE FOR ANY LOSS, DESTRUCTION, ALTERATION, UNAUTHORIZED DISCLOSURE OR CORRUPTION OF ANY USER CONTENT. JUNKET’S EFFORTS TO RESTORE LOST OR CORRUPTED USER CONTENT PURSUANT TO THIS SECTION 8(g) WILL CONSTITUTE JUNKET’S SOLE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY LOSS OR CORRUPTION OF USER CONTENT.
9. General Prohibitions and Junket’s Enforcement Rights
You agree not to (and ensure that none of your Authorized Users) do any of the following:
a. Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
b. Use, display, mirror or frame the Services or any individual element within the Services, Junket’s name, any Junket trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Junket’s express written consent or stated in 8(f);
c. Access, tamper with, or use non-public areas of the Services, Junket’s computer systems, or the technical delivery systems of Junket’s providers;
d. Attempt to probe, scan or test the vulnerability of any Junket system or network or breach any security or authentication measures;
e. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Junket or any of Junket’s providers or any other third party (including another user) to protect the Services or Content;
f. Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Junket or other generally available third-party web browsers;
g. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
h. Use any meta tags or other hidden text or metadata utilizing a Junket trademark, logo, URL or product name without Junket’s express written consent;
i. Use the Services or Content, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
j. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;
k. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;
l. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
m. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
n. Impersonate or misrepresent your affiliation with any person or entity;
o. Violate any applicable law or regulation; or
p. Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services, and consult and cooperate with law enforcement authorities to prosecute users who violate the law.
10. DMCA/Copyright Policy
Junket respects copyright law and expects its users to do the same. It is Junket’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Junket’s Copyright and IP Policy at https://wejunket.com/copyright for further information.
11. Links to Third Party Websites or Technology
The Services may contain links to third-party websites or resources including without limitation, any third party services that may be compatible with the Services, or plugins or extensions to the Services (collectively, “Third Party Technology”). We provide these links, plugins and extensions only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or for the functioning or failure to function of any such Third Party Technology. You and your Authorized Users are solely responsible for, and assume all risk arising from, the use of any Third Party Technology, including compliance with the terms and conditions governing the use of such Third Party Technology. ANY THIRD PARTY TECHNOLOGY DOWNLOADED OR OTHERWISE OBTAINED OR USED IN CONNECTION WITH THE SERVICES IS SO DOWNLOADED, OBTAINED OR USED AT YOUR AND YOUR AUTHORIZED USERS’ DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION AGAINST JUNKET WITH RESPECT TO SUCH USE, INCLUDING, BUT NOT LIMITED TO ANY DAMAGE TO COMPUTER SYSTEMS OR DISPLAY DEVICE, OR LOSS OF DATA, THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH THIRD PARTY TECHNOLOGY.
We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by visiting your account page on your user dashboard and following the instructions for cancelling your Account. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 6, 7, 8(a), 8(b), 8(d), 8(e), 8(g), 11, 12, 13, 14, 15, 16, 17, and 18.
13. Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Junket and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your and your Authorized Users’ access to or use of the Services, Tools, or Content, (ii) your and any of your Authorized Users’ User Content, (iii) acts or omission of any of your Authorized Users, or (iv) your or your Authorized Users’ violation of these Terms or any applicable law.
15. Limitation of Liability
a. NEITHER JUNKET NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JUNKET OR ANY OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
b. IN NO EVENT WILL JUNKET’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO JUNKET FOR USE OF THE SERVICES OR CONTENT DURING THE THREE (3) MONTHS PRECEDING THE CLAIM FROM WHICH THE LIABILITY AROSE, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO JUNKET, AS APPLICABLE.
c. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JUNKET AND YOU.
16. Governing Law and Forum Choice
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Virginia, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Junket are not required to arbitrate will be the state and federal courts located in the Richmond, Virginia, and you and Junket each waive any objection to jurisdiction and venue in such courts.
17. Dispute Resolution
a. Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Junket agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Junket are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
b. Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at email@example.com or by regular mail at PO Box 5757, Williamsburg, VA 23230, USA within thirty (30) days following the date you first agree to these Terms.
c. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
d. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
e. Class Action Waiver. YOU AND JUNKET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
f. Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Junket changes any of the terms of this Section 17 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Effective Date” above or in the date of Junket’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Junket in accordance with the terms of this Section 17 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
g. Severability. With the exception of any of the provisions in Section 17(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
18. General Terms
a. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Junket and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Junket and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Junket’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Junket may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
b. Notices. Any notices or other communications provided by Junket under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
c. Waiver of Rights. Junket’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Junket. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
19. Contact Information
If you have any questions about these Terms or the Services, please contact Junket at email@example.com.