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 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 required to send and receive, at your cost, electronic communications related to the Service, including without limitation, administrative messages, Mesh–Hopping Text Messages, service announcements, diagnostic data reports, and application updates, from Juxta, your mobile carrier or third party service providers. (Mesh–Hopping Texting Messages means messages sent, through bluetooth or wifi radios, from a user that does not have an internet connection to a user that has an internet connection which are then sent by the connected recipient over an internet connection to other users.) You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Service, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Service.
1.2. License Limitations. Any use of the Service in violation of these license limitations or these Terms 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 and/or 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 and/or customer service representative;
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. Intercept or 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, or 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. Further, you will comply with all applicable U.S. and non–U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re–export, provide, or otherwise transfer the Service: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non–U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download the Service for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.
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 although you may “earn,” “buy,” or “purchase” virtual currency or virtual in–application items in a Juxta application for use in the Service (collectively with virtual currency, “Virtual Items”), you do not own the Virtual Items, any amounts you pay to “earn,” “buy” or “purchase” Virtual Items is non–refundable and non–recoupable, and such amounts paid for any Virtual Item do not translate to an equivalent retail value of the Virtual Items. Virtual Items are deemed and agreed to have zero asset value and do not represent any currency or its equivalent. Instead, any amounts paid for Virtual Items are paid to 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 and is not convertible into any currency or real–world value, but instead constitutes a measurement of the extent of your license.
1.4. Username and Password. During the Account creation process, you will be required to select a username and password (collectively, “Login Information”). The following rules govern the security of your Login Information: (a) you agree not to share your Login Information with any other person, 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 is uploaded or transmitted through a Juxta application client or the Service, including but not limited to any chat text, voice communications, IP addresses and your personal information.
2.3. Information Disclosed Through the Service.
2.3.1. Responsible For Your Own Content. You are solely responsible for all User Content that you post on, through or in connection with the Service and that you provide to others. User Content uploaded 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 such User Content. 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 public 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 ANY USER'S MISUSE OR MISAPPROPRIATION OF ANY USER CONTENT YOU POST IN ANY FORUMS, PROFILES, BLOGS, CHATS OR OTHERWISE IN THE SERVICE.
2.3.3. Our Disclosure of Your Information. Your User Content, including 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, subpoena or other valid third–party discovery request); (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. The Service permits you to create and manage content and then initiate the transmission of such content to other individuals over communications networks, including wireless operator/carrier networks for ultimate delivery to mobile devices. By registering for the Service and providing access to your telephone contacts, the Service may assist you in identifying contacts that you have in common with other users of the Service and to whom you can initiate messages inviting such contacts to join the Service. You agree and warrant that you, and not Juxta, initiate the transmission of any data or content through the Service, and you will not violate any federal, state, local or foreign laws, rules or regulations. You further agree that the subscribers of the phone numbers to which you initiate any text (SMS) or multimedia (MMS) messages through the Service have consented or otherwise opted– in to the receipt of your messages as required by any applicable law or regulation. 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. 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.” If you are a resident of another state, you hereby waive any similar provision in your state law applicable to releases.
SUSPENSION AND TERMINATION OF ACCOUNT AND SERVICE
WITHOUT LIMITING ANY OF OUR OTHER REMEDIES, WITH OR WITHOUT NOTICE TO YOU, 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, CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR OTHERWISE ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. 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, INCLUDING ALL VIRTUAL ITEMS, AND YOU SHALL NOT HAVE ANY RIGHT TO COMPENSATION OR REMEDY FOR ANY SUCH LOSSES OR RESULTS.
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 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 or until we elect to terminate them in accordance with these Terms. We additionally reserve the right to terminate any accounts that we deem are inactive.
4.3. Virtual Items. Juxta owns, has licensed, or otherwise has rights to use all of the content that appears in the Service, including all User Content. 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 OF LICENSES TO USE VIRTUAL ITEMS 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 cannot readily or accurately ascertain your location when you request to use the Service. You therefore agree that your use of the Service occurs in California and is subject to any applicable California taxes. To the extent that you are responsible for any additional taxes or fees beyond those collected by Juxta, if any, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed. Further, 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.
5.3 Credit Card Payments. This Section 5.3 shall apply if you elect to make payments using a credit card or through an ACH or other debit to depositary account with a financial institution. You hereby authorize Juxta to charge all amounts owed to Juxta hereunder to the credit card or bank account you provided to us. You assume all responsibility for notifying Juxta of changes in credit card numbers and/or expiration dates or in any change in status of the applicable bank account, as the case may be. If your credit card is denied when charged or if an ACH or other debit to the depositary account is rejected, your account and all licenses to use the Service and any Virtual Items may be immediately suspended (locked) or canceled at the sole discretion of Juxta. You shall be responsible for and shall immediately pay Juxta, on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of Juxta's billing department within ninety (90) days after the end of the questioned billing period. Charges beyond ninety (90) days old are not subject to review, reversal or refund. YOU HEREBY REPRESENT AND WARRANT THAT (I) THE CREDIT CARD AND BANKING INFORMATION SUPPLIED TO US IS TRUE, CORRECT AND COMPLETE, (II) PAYMENTS MADE BY YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY OR DEPOSITARY FINANCIAL INSTITUTION, AS THE CASE MAY BE, AND (III) YOU SHALL PAY FOR ALL FEES AT THE PRICES IN EFFECT AT THE TIME INCURRED. YOU SHALL BE RESPONSIBLE FOR ALL FEES INCURRED THROUGH USE OF YOUR LOGIN INFORMATION.
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 Virtual Items). 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 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. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Juxta to delete, edit, or disable the User Content in question, you must provide Juxta with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Juxta to locate the material; (d) information reasonably sufficient to permit Juxta to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (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 the law; and (f) a statement under penalty of perjury that all information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Juxta's designated agent at:
Juxta Labs, Inc.
525 Brannan St. Suite 408
San Francisco, CA 94107
Email Address: support@Juxtalabs.com
If you believe that your User Content has been removed by mistake please provide Juxta with all of the following information: (a) identification of your User Content which was removed, including the URL on the Service where it previously appeared; (b) information reasonably sufficient to permit Juxta to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (c) a statement that you have a good faith belief that your User Content was removed in error or was misidentified; and (d) a statement that the information in the notification is accurate is given under penalty of perjury. For this notification to be effective, you must provide it to Juxta's designated agent at the address set forth above.
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 use our applications.
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 UNDER APPLICABLE LAW). 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 180 DAYS 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.
AGREEMENT TO ARBITRATE
Notice shall be sent:
To Juxta Labs Inc., 525 Brannan St. Suite 408, San Francisco, CA 94107,
ATTN: Legal Department, or
To you at: your contact information that we have on file.
Both you and we agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.
10.2. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such Disputes shall be determined by arbitration in the San Francisco, CA area, exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
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 either party shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing. 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.
11.11 Notice For California Users. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445–1254 or (800) 952–5210. You may contact us at 525 Brannan St. Suite 408 San Francisco, CA 94107.