PRIVACY & TERMS
What Information We Collect
When you use our Services, we may collect and store information from you directly.
We may collect information from you when you register directly with us or through a third-party Social Networking Software (“SNS”) such as Facebook. That information may include, among other things, your full name, email addresses, age, birthday, password, phone numbers, schools attended or attending, device identifiers, and other information you provide. We may also collect information from your user profile, including, among other information, a photo, usernames, gender, geographic information, likes, interests, bio, country, character names, email addresses, contact information for and links to other sites. Depending on how you access our site, we may also collect device identification information, including MAC address and IP address. If you choose to connect your mobile device contacts or address book with our Services, we will collect, synchronize and store your contacts or address book information on our servers.
If you purchase a license to use virtual currency and assets, we will collect the billing and financial information necessary to process the fee for those virtual items. That information may include your postal and email addresses. Our Terms of Service explain our policies and terms related to billing.
Information About You From an SNS
When you use the Services in conjunction with an SNS such as Facebook, Instagram, Twitter, or Google, you allow us to access information from your profile for that site. The information you allow us to access varies by SNS and the privacy settings you and your friends establish at the SNS. You should refer to the applicable SNS for more information about the settings at the applicable SNS. Depending on your privacy settings, we may access and store some or all of the following information: your public data, full name, your profile picture or its URL, your user ID number, the user ID numbers and other public data for your friends, the login email address you provided to the SNS, your geographic location, your gender, and your birthday.
By accessing or using one of our Services, you authorize us to collect, store, and use any and all information that you agreed the SNS could provide to us through the SNS Application Programming Interface (“API”).
Customer Support Information
We will collect and store the contact information you provide to our customer support personnel, information about your use of our Services, and your user ID number. We will also store the communications you have with us and any information contained in those communications.
SMS Notifications and Similar Notifications
We may collect and store the information you provide, including your telephone number, when you sign up to have SMS notifications sent directly to your mobile phone. These messages notify you of application activity, provide application updates and other relevant information and may allow you to use the applicable application on your phone. The sending of SMS notifications may be handled through a third party service provider.
With your consent, we may send push notifications to your mobile device to provide application updates and other relevant messages. You may be able to manage push notifications from the applicable application or from your device’s settings.
If you have chosen to synchronize your mobile device contacts with our Services we may send SMS notifications directly to your friends to invite them to our Services and alert them to relevant application activity.
Some of our Services have direct messaging features built in (In-Band Messages). When available we may send In-Band Messages directly to your mobile device to notify you of application activity, advertisements, offers and other relevant communication.
Technical and Usage Information
When you access our Services, we collect information about your mobile device or computer system, including MAC address, IP address and mobile device ID. We also collect usage statistics about your interactions with the Services. This information is typically collected through the use of server log files or web log files (“Log Files”), mobile device software development kits and tracking technologies like browser cookies to collect and analyze certain types of technical information. Some of the cookies the Services place on your computer are linked to your user ID number.
At this time our Services do not recognize automated browser signals regarding tracking mechanisms, which may include ‘do not track’ instructions.
How We Collect Information
We collect information in various ways, including the following:
Information Collected Directly From You and Other Users
When you use one of our applications, we collect and store certain information that you provide directly, through an SNS, or through a third party. We also collect information about your use of the Services and your interaction with other user.
Cookies and Similar Collection Methods
We also collect technical information about your usage of the Services, and we use various technologies to collect information about cookies, IP addresses, device type, device identifiers, browser types, browser language, pages accessed, URLs, platform type, the clicks, domain names, landing pages, the amount of time spent on particular pages, application state and the date and time of activity with our applications, and other similar information. We may associate this information with your user ID number for our internal use.
You may be able to take part in certain activities on our Services that allow you to communicate and share information with us and other users of our Services. These include participating in forums and message boards, posting comments to other users’ profiles or boards, sending private or group messages or invitations, chatting with other users, and posting photos, videos and other files. We may record and store archives of these communications on our servers. You acknowledge and consent to the recording and storage of these communications.
We may collect or receive information from other sources including (i) other Juxta users who choose to upload their mobile device contacts and (ii) third party information providers. This information may be used to supplement your profile and it will be combined with other information we collect.
How We Use the Information We Collect
We use your information primarily to provide you with a safe, smooth, efficient, and customized experience, including in one or more of the following ways: to create your accounts and allow play of our applications, to suggest and make connections with other users, to enable user-to-user communications, to provide technical support and respond to user inquiries, to prevent fraud or potentially illegal activities, and enforce our terms of service, to deliver and target advertising, to notify users of application updates, to provide application leader boards and promote application user achievements, to solicit input and feedback to improve our products and services and customize your user experience, and to inform users about new products or promotional offers.
If you have provided your email address or phone number to us, we may use it to respond to (i) customer support inquiries, and (ii) keep you informed of your activity, including comments from friends, notifications about application status. Some messages, such as invites for friends to join you in an application, may include your name, school network and profile photo. We may also send promotional email messages and promotional SMS messages directly or in partnership with parties other than Juxta.
Sharing Your Information
We may share your information, including some personal information, with third parties in the following circumstances:
Some of your profile information may be exposed publicly. This includes: your name, profile photos, username, school or network name, bio and descriptions of your activity.
Your information and your online communications may be accessed and monitored as necessary to provide the Services and may be disclosed or reported: (i) if we have a good faith belief that we are required to disclose the information by law, (ii) if we believe that the Services are being used to commit a crime, (iii) if we have a good faith belief that there is an emergency that poses a threat to the health or safety of a person or the general public, and (v) in order to protect the rights or property of Juxta, including to enforce our Terms of Service.
We may display an “offer wall” that is hosted by an offer wall provider. The offer wall allows third party advertisers to provide virtual currency to users in exchange for interacting with an advertisement or for completing a marketing offer that may include signing up for an account with one of those advertisers. These are not offers made by us. We may display these offers to you based on certain information, such as your geographic area or anonymous demographic information. If you click on one of these advertisements, you will no longer be on a site hosted by Juxta or a partnering SNS.
We may provide your information to third party companies to perform services on our behalf, including payment processing, data analysis, message delivery, hosting services, customer service, and marketing.
If we sell all or a portion of our business, we may transfer all of your information, including personal information, to the successor organization.
Security of Your Information
We implement security measures we believe are reasonable to protect your information. It is important that you protect and maintain the security of your account and you need to immediately notify us of any unauthorized use of your account. No website, mobile application or Internet transmission is completely secure, and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches or other type of misuse will never occur. Any transmission of data to us is at your own risk.
How to Access and Update Your Information
Our Policy Toward Children
Our Services are not intended for children under the age of 13, and we do not knowingly collect any personal information from such children. Children under the age of 13 should not use our websites or applications at any time. If we learn that we have collected personally identifiable information from a child under the age of 13 we will delete such information as quickly as possible.
Privacy Policies of Linked Sites and Advertisers
Our Services may contain third-party services and advertisements from companies other than Juxta that may link to their own websites. We are not responsible for the privacy practices, security, or the content of such websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly. We are not responsible for the actions of third-party advertisers and service providers.
California Privacy Rights
We do not share personal information with third parties for their direct marketing purposes unless you affirmatively agree to such disclosure, typically by “opting in” to receive information from a third party that is participating in a sweepstakes or other promotion on one of our Services. If you do ask us to share your personal information with a third party for its marketing purposes, we will only share information in connection with that specific promotion, as we do not share information with any third party (other than our service providers) on a continual basis.
Juxta Labs Inc.
525 Brannan St. Suite 304
San Francisco, CA 94107
Effective: June 6, 2014
JUXTA LABS TERMS OF SERVICE
LICENSE AND LIMITATIONS
1.1. Limited License. Subject to your agreement and continuing compliance with these Terms and any other relevant Juxta policies, Juxta grants you a non-exclusive, non-transferable, revocable limited license subject to the limitations in these Terms to access and use the Service using a web browser or mobile device solely for your own non-commercial entertainment and communication purposes. You agree not to use the Service for any other purpose. You are responsible for any fees, including but not limited to, Internet connection, SMS text messaging or mobile fees that you incur when accessing the Service.
1.2. License Limitations. Any use of the Service in violation of these license limitations is strictly prohibited and can result in the immediate revocation of your limited license granted in these Terms, and may subject you to liability for violations of law and these Terms. Any attempt by you to disrupt or interfere with the Service including undermining or manipulating the legitimate operation of any application is a violation of these Terms and may be a violation of law. You agree that you will not, under any circumstances, do any of the following:
1.2.1. Use, design, or assist in the design of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the Service or any Juxta application experience;
1.2.2. Modify or cause to be modified any files that are a part of the Service;
1.2.3. Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service or any Juxta application environment; or (2) the enjoyment of the Service or any Juxta application by any other person;
1.2.4. Institute, assist, or become involved in any type of attack, including but not limited to distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
1.2.5. Attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Juxta, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
1.2.6. Engage in any act that Juxta deems to be in conflict with the spirit or intent of the Service, including, but not limited to, circumventing or manipulating these Terms, our application rules, application mechanics or policies;
1.2.7. Improperly use Juxta’s support services;
1.2.8. Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
1.2.9. Use the Service or any part thereof for any commercial purpose, including but not limited to for any commercial advertisement or solicitation or (2) to gather or transfer Virtual Items (as defined below) for sale;
1.2.10. Use the Service or any part thereof to perform in-application services, such as power-leveling and item collection services, in exchange for payment outside the Service;
1.2.11. Transmit unauthorized communications through the Service, including junk mail, junk messages, spam and any materials that promote malware, spyware and downloadable items;
1.2.12. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
1.2.13. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
1.2.14. Attempt to, or harass, bully, abuse, or harm, or advocate or incite harassment, abuse or harm of another person, group, including Juxta employees, including Juxta’s customer service representatives;
1.2.15. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including but not limited to a Juxta employee;
1.2.16. Use any unauthorized third party software that accesses, intercepts, “mines,” or otherwise collects information from or through the Service or that is in transit from or to the Service, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Juxta application elements or environment. Juxta may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
1.2.17. Interceptor observe any proprietary communications protocol used by a user, client, server, or the Service, whether through the use of a network analyzer, packet sniffer, or other device;
1.2.18. Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
1.2.19. Bypass any robot exclusion headers or other measures that are intended to restrict access to the service or use any software, technology, or device to send content or messages, scrape, spider, or crawl the Service, or harvest or manipulate data;
1.2.20. Use, facilitate, create, or maintain any unauthorized connection to the Service, including but not limited to any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service or any connection using programs, tools, or software not expressly approved in writing by Juxta;
1.2.21. Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Juxta;
1.2.22. Copy, modify or distribute rights or content from any Juxta site or application, or Juxta’s copyrights or trademarks or use any method to copy or distribute the content of the Service except as specifically allowed in these Terms of Service.
1.2.23. Except as intended by the Juxta application, solicit or attempt to solicit personal information from other users of the Service;
1.2.24. Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service;
1.2.25. Upload or transmit or attempt to upload or transmit, without Juxta’s express permission, any material that acts as a passive or active information collection or transmission mechanism;
1.2.26. Create an Account or access the Service if you are under the age of 13;
1.2.27. Fail to monitor your account to restrict use by minors or fail to deny access to children under the age of 13; (You accept full responsibility for any unauthorized use of the Service by minors in connection with your account. You are responsible for any use of your credit card or other payment instrument (e.g. Apple iTunes and , PayPal) by minors.)
1.2.28. Have more than one account, per platform or SNS, at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself;
1.2.29. Create an account or use the Service if you are a convicted sex offender;
1.2.30. Have an Account or use the Service if you have previously been removed by Juxta or previously been banned from any Juxta application;
1.2.31. Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.
1.2.32. Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your account or any Virtual Items associated with your Account to anyone without Juxta’s written permission; or
1.2.33. Access or use an account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original account creator without Juxta’s permission.
1.3. Virtual Items. You acknowledge and agree that in a Juxta application you may “earn,” “buy,” or “purchase” virtual currency or virtual in-application items for use in the Service (collectively with virtual currency, “Virtual Items”), you do not own the Virtual Items and the amounts paid for any Virtual Item does not refer to any asset or value of real currency or its equivalent. Instead, you merely purchase a limited license to use the Service, including software programs that occasionally manifest themselves as these Virtual Items. The purchase and sale of the limited license referred to in these Terms of Service is a final and completed transaction upon receipt of your direct payment or redemption of a Juxta credit or a third party virtual currency. Any “virtual currency” balance shown in your account does not constitute any real-world stored value, but instead constitutes a measurement of the extent of your license.
1.4. Username and Password. During the Account creation process, you may be required to select a password (“Login Information”). The following rules govern the security of your Login Information: (a) you agree not to share the account or the Login Information, let anyone else access your account, or do anything else that might jeopardize the security of your Account; (b) in the event you become aware of or suspect any breach of security, including but not limited to any loss, theft, or unauthorized disclosure of the Login Information, you agree to immediately notify Juxta and modify your Login Information; (c) you are solely responsible for maintaining the confidentiality of the Login Information, and you agree to be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and (d) you are responsible for anything that happens through your account. We reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates such third party’s rights.
2.1. User Content. “User Content” means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Juxta application client or the Service, or that other users upload or transmit, including but not limited to any chat text.
2.2. Screening. You are responsible for all User Content you post or otherwise transmit via the Service. We assume no responsibility for the conduct of any user submitting any User Content, and assume no responsibility for monitoring the Service for inappropriate or illegal content or conduct. We have no obligation to monitor User Content. If we choose at any time, in our sole discretion, to monitor the Service, we have the right, in our sole discretion, to edit, refuse to post, or remove any User Content, and we may monitor or record your interaction with the Service or communications (including but not limited to chat text and voice communications) when you are using the Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording.
2.3. Information Disclosed Through the Service.
2.3.1. Responsible For Your Own Content. You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Information, materials, products or services provided by other users (for instance, in their profiles) may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Service, and Juxta assumes no responsibility or liability for that material. If you become aware of misuse of the Service by any person, please report it to us. We may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Juxta may violate these Terms of Service. We reserve the right to limit the storage capacity of User Content that you post on, through, or in connection with the Service.
2.3.2. Public Disclosure. The Service may include various forums, profiles, blogs, and chat features where you can post User Content, including your observations and comments on designated topics. Other members may use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential or do not want others to use, do not post it on the Service. Juxta has no responsibility to evaluate, use, or compensate you for any ideas or information you choose to disclose. If you submit suggestions, proposals, comments, feedback or other materials (collectively “Submissions”) within the Service, you understand and agree that Juxta (1) shall have no obligation to keep your Submissions confidential; (2) shall have no obligation to return your Submissions or respond in any way; and (3) may use your Submissions for any purpose in any way without notice or compensation to you. JUXTA IS NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, PROFILES, BLOGS, OR CHATS.
2.3.3. Our Disclosure of Your Information. Your information, and the contents of all of your online communications (including but not limited to chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed by us for any reason, including, but not limited to, (i) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws; (iii) when we believe that the Service is being used in the commission of a crime, including, but not limited to, to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when we have a good faith belief that there is an emergency that poses a threat to the health or safety of any person or the public generally; and (v) to protect the rights or property of Juxta, including, but not limited to, to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access, and disclosure.
2.4. User Interactions. You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service or Juxta applications. Juxta reserves the right, but has no obligation, to become involved in any way with these disputes. If you have a dispute with one or more users, you release Juxta (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including, but not limited to, damages for loss of profits, goodwill, use or data. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.”
SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE.
WITHOUT LIMITING ANY OF OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR JUXTA SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND JUXTA IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR APPLICATIONS AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
We reserve the right to cease offering or supporting the Service or a particular application or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended. In such event, Juxta shall not be required to provide refunds, benefits, or other compensation to users in connection with such discontinued elements of the Service. Termination of your account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
4.1. Our Applications and Service. The Service (including but not limited to any applications, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-application chat transcripts, character profile information, recordings of applications played using a Juxta application client, and the Juxta application clients and server software) are copyrighted works owned by Juxta Inc. Juxta reserves all rights, including, but not limited to, all intellectual property rights or other proprietary rights in connection with the Service.
4.2. Accounts. Notwithstanding anything to the contrary in these Terms, you acknowledge and agree that you have no ownership or other property interest in an account, and you further acknowledge and agree that all rights in and to an account are and are forever owned by and inure to the benefit of Juxta. Accounts created with us, through the Service, or in a Juxta application will be considered active until we receive a user request to deactivate or delete them, except we reserve the right to terminate any account that has been inactive for a period of time we deem reasonable.
4.3. Virtual Items. Juxta owns, has licensed, or otherwise has rights to use all of the content that appears in the Service. Notwithstanding any provision to the contrary in these Terms, you agree that you have no right or title in or to any content that appears in the Service, including, but not limited to, the Virtual Items appearing or originating in any Juxta application or the Service, whether “earned” in an application or “purchased” from Juxta, or any other attributes associated with an account or stored on the Service. We prohibit and do not recognize any purported transfers of Virtual Items outside of the Service, or the purported sale, gift, or trade outside of an application of anything that appears or originates in the Service, unless otherwise expressly authorized by Juxta in writing. Accordingly, you may not sublicense, trade, sell, or attempt to sell Virtual Items for legal currency or exchange Virtual Items for value of any kind outside of an application without Juxta’s written permission. Any such transfer or attempted transfer is prohibited, null, and void, and will subject your account to termination.
PURCHASES AND FEES
5.1. Purchases. In the Service you may purchase, with legal tender, a license to use Virtual Items or other goods or services. You may also obtain a license to use Virtual Items by redeeming virtual currency. PURCHASES OR REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY TO ACQUIRE A LICENSE TO USE VIRTUAL ITEMS ARE NON-REFUNDABLE. For Virtual Items, your order will represent an offer to us to purchase a license for the relevant services which may be accepted by us when we make the Virtual Items available in your account for you to use in our applications or debit your credit card, whichever comes first. Your license to Virtual Items for use in Juxta applications is a service provided by Juxta that commences upon acceptance by Juxta of your purchase or redemption of third party virtual currency. By ordering a license to use Virtual Items you agree and accept that Juxta will provide it to you promptly following completion of your purchase. If you reside in the European Union and you purchase a product or service from Juxta, you may have the right to withdraw from a purchase within seven calendar days, commencing on the day after the date of purchase (the “Cooling Off Period”), but you lose your right of withdrawal if the performance of the services begins before the end of the Cooling Off Period. Therefore, if you purchase a license to use Virtual Items from us, your right of withdrawal is lost as the performance of our services begins promptly once your purchase is completed.
5.2. Payment of Fees. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Juxta may revise the pricing for the goods and services it licenses to you through the Service at any time. YOU ACKNOWLEDGE THAT JUXTA IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
THIRD PARTY ADVERTISING.
6.2. Links and Your Relationship with Advertisers. Juxta may provide links on the Service to third party websites or vendors who may invite you to participate in an offer in return for receiving an optional component of the Service or upgrades (such as in-application virtual currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. Juxta makes no representation or warranty regarding any content, goods, or services provided by any third party even if linked to or from our Service, and Juxta will not be liable for any claim relating to any third party content, goods, or services. The linked sites are not under the control of Juxta and may collect data or solicit personal information from you. Juxta is not responsible for their content, business practices, privacy policies, or for the collection, use, or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Juxta of these linked sites.
COPYRIGHT NOTICES/COMPLAINTS. We typically respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Juxta reserves the right to terminate without notice any user’s access to the Service if that user is determined by Juxta, in Juxta’s sole discretion, to be an infringer. In addition, Juxta accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.
8.1. Service. You understand that the Service is evolving. We may require that you accept updates to the Service and to our applications you have installed on your computer or mobile device. You acknowledge and agree that Juxta may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play our applications.
DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
9.1. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER JUXTA NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “JUXTA PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
9.2. LIMITATIONS; WAIVERS OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED IN THESE TERMS APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, BUT NOT LIMITED TO, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE JUXTA PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE JUXTA PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE JUXTA PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE JUXTA PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID JUXTA IN THE 180DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID JUXTA ANY AMOUNTS IN THE 180 DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH JUXTA IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF JUXTA.
9.3. Indemnification. You shall indemnify, save, and hold harmless Juxta, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you in these Terms. Juxta reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Juxta, and you agree to cooperate with Juxta’s defense of these claims. Juxta will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account or of the Service.
10.1. General. If a dispute arises between you and Juxta, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Juxta agree that you and Juxta will resolve any claim or controversy at law or equity that arises out of these Terms or the Service (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going through customer support. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
10.2. Law and Forum for Legal Disputes. This Agreement and any dispute arising out of or related to it or the Service shall be governed in all respects by the laws of the state of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Juxta must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
10.3. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
10.4. Improperly Filed Claims. All claims you bring against Juxta must be resolved in accordance with this Section10. All claims filed or brought contrary to this Section 10 shall be considered improperly filed. Should you file a claim contrary to this Section 10, Juxta shall be entitled to recover attorneys’ fees and costs up to $1,000, provided that Juxta has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
11.2. Supplemental Policies. Juxta may publish additional policies related to specific services such as applications for mobile devices, forums, contests, or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
11.7. Amendment. Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by Juxta shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Juxta. For purposes of this provision, “writing” does not include an email message and a signature does not include an electronic signature.
11.9. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms of Service to Juxta are of a unique and irreplaceable nature, the loss of which will irreparably harm Juxta and that cannot be replaced by monetary damages alone. Accordingly, Juxta is be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any Juxta application, exploitation of any advertising, or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 9 (if any).
11.10. Force Majeure. Juxta shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Juxta, including but not limited to any failure to perform hereunder due to unforeseen circumstances or cause beyond Juxta’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
Effective: June 6, 2014