JET NETWORKS, INC.
Last Updated: March 22, 2016
1. Acknowledgment. This paragraph is intended to apply to you if you have downloaded the Application from the Apple App Store. JET and you acknowledge that this TOU is concluded between JET and you only, and not with Apple Inc. (“Apple”), and as between JET and Apple, JET, not Apple, is solely responsible for the Application and Services and the content thereof. This TOU is not intended to provide for usage rules for the Application and Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the App Store Terms of Service as of the date hereof (which you further acknowledge you have had the opportunity to review).
2. Ownership. The Application is protected by copyright laws and international copyright treaties, as well
as other intellectual property laws and treaties. The Application includes trade secrets and information that is confidential and proprietary to JET and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Application and Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to JET and its licensors, if any, including all intellectual property rights therein. The Application is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. JET hereby expressly reserves all rights in the Application and all Services which are not expressly granted to you hereunder.
3. Grant of License
a) Subject to your compliance with the terms and conditions set out in this TOU, JET grants you a personal, limited, non-commercial, non-exclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Application only on your personal computer or mobile device (if you have downloaded the Application from the Apple App Store, then only on your iPhone or iPod touch device) (the “Device”) for the sole purpose of personally using the JET application and any other applications that may be explicitly authorized by JET for use through use of the Application, and if you have downloaded the Application from the Apple App Store, as permitted by the Usage Rules set forth in the App Store Terms of Service as of the date hereof.
4. Restrictions. You represent that you shall not:
(i) copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Application or any of the Services;
(ii) sublicense, sublease, lease, lend, assign, sell, license, distribute, rent, export, re-export or grant other rights in the Application or Service and any attempt by you to take such action shall be void;
(iii) decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Application or any of the Services by any means whatsoever;
(iv) remove, obscure or alter any copyright and/or other proprietary notices contained on or in or otherwise connected to the Application or any of the Services;
(v) use the Application or any of the Services to create or proliferate a virus or to circumvent any copy protection or other digital rights management mechanism;
(vi) use the Application or any of the Services for any illegal or unauthorized purpose;
(vii) use the Application or any of the Services in any manner which could damage, disable, overburden or impair any of the Services;
(viii) transmit worms, viruses or any code of a destructive nature;
(ix) display, transmit or share any content consisting of text, sounds, audio, pictures, photos, video and/or any type of materials, information or communications (“Content”) deemed hateful, bullying, threatening, pornographic, obscene, abusive, racially or ethnically offensive, libelous or defamatory, or any Content that encourages conduct that would be considered a criminal offense or bring forth civil liability;
(x) attempt to hack, destabilize or adapt JET’s website, the Application (or its source code) or any of the Services, or alter another website so as to falsely imply that it is affiliated with JET, or
(xi) use or access any of the Services by any means other than through the interface provided by JET.
5. Use of Your Device: If your use of the Application or Services is dependent upon the use of bandwidth
owned or controlled by a third party, you acknowledge and agree that your license to use the Application is subject to you obtaining consent from the relevant third party for such use and by using the Application you warrant that you have obtained such consent. In addition, you warrant that you own the Device to which you are downloading the Application, or that you have the legal right to control the use of that Device. You further agree to ensure that any other person whom you permit to use the Application or Services will do so in accordance with this TOU. You must delete any Application from the Device if you sell the Device, or if you cease to have the legal right to control use of the Device.
6. Content. Content transmitted by the use of the Application and Services is entirely the responsibility of the person from whom such Content originated. You use the Application and Services at your own risk and understand that by using the Application or any of the Services, you may be exposed to Content that is offensive. Although we do not actively moderate the discussions of our users, you are strongly encouraged to report content and/or other users that you feel are inappropriate. JET does not endorse any Content and -expressly disclaims any and all liability in connection with any and all Content transmitted or displayed using the Application and/or Services. You hereby release and discharge the JET Parties (as defined below in paragraph 19) from any and all claims and demands arising out of or relating to any Content.
7. Your Content. You acknowledge and agree that you are solely responsible for any Content that you transmit or display through the Application or Services and that JET (and Apple if you downloaded the Application from the Apple App Store) is not responsible to you or any third party in connection with any Content. You further agree to pay for all royalties, fees, and any other monies owing any person by reason of any of your Content. In addition, you represent and warrant that: (a) you are the creator and owner of or have the necessary rights to transmit or display the Content; and (b) the Content you transmit or you display does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person. VIOLATORS OF THESE THIRD-PARTY RIGHTS MAY BE SUBJECT TO CRIMINAL AND CIVIL LIABILITY. JET RESERVES ALL RIGHTS AND REMEDIES AGAINST ANYONE WHO VIOLATES ANY OF THE PROVISIONS OF THIS TOU.
8. Third Parties. The Application may be incorporated into other technology owned and controlled by third parties. Any such third party software, application or technology that is incorporated in the Application falls under the scope of this Agreement.
9. New Versions of the Application. JET, in its sole discretion, reserves the right to add additional features or functions, or to modify or provide programming fixes, updates and upgrades, to the Application or Services. JET has no obligation to make available to you any additional features or functions or any modifications, updates, support, maintenance or subsequent versions of the Application or any of the Services. You may have to agree to a renewed version of the TOU in the event you want to download, install or use any additional features or functions or any modifications, updates or new versions of the Application. You acknowledge that JET may automatically issue any additional features or functions or modifications, updates or upgraded versions of the Application and, accordingly, may modify, update or upgrade the version of the Application that you are using or have installed on your Device. You hereby agree that your Device may automatically request and/or receive such modifications, upgrades or updates.
10. Third Party Fees. For particular Devices, JET may ask your permission to use your native SMS or MMS application to deliver messages or invitations to people who are not registered users of the Services and with whom you choose to communicate. Some of these services may charge additional fees which are your responsibility and not that of JET.
11. Eligibility. The license to use the Application and Services is not valid in any jurisdiction where prohibited. The Application and Services are intended for users who are 8 years of age and older. Users that are under 13 years of age may register, use or access the Application or Services only after JET has received verifiable parental consent (in compliance with the Children’s Online Privacy Protection Act, “COPPA”). If JET determines that a user under 13 has registered, used or accessed the Application or Service without verifiable parental consent, JET will determine that user (and possibly any accompanying parent account) as unauthorized and unlicensed, and in violation of this TOU. JET may terminate your account, delete any content or information that you have posted on the Services, and/or prohibit you from using or accessing the Application or Services (or any portion, aspect or feature of the Services) for any reason or for no reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13 and have accessed the Application and Services without prior parental consent. If you are 13 to 17 years of age you may use the Application and Services only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the provisions set forth in this TOU.
12. No Access to Emergency Services. The Application and Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements (“Emergency Services”). There are important differences between traditional telephone services and the Application and Services. You acknowledge and agree that: (i) JET is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Application, traditional wireless (cellular) or fixed line telephone services that offer access to Emergency Services, and (iii) JET is not a replacement for your primary telephone service.
13. Prevention of Unauthorized Use. JET reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Application or Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your wireless (cellular) carrier regarding such unauthorized use.
14. License Grant to JET. You hereby authorize JET to collect and use the unique phone identifiers (IMEI, UDID, or other) contained in the Devices to which you have downloaded the Application for purposes of your use of the Services.
15. Termination by JET. Without limiting any other remedies, JET may limit, suspend, discontinue or terminate this TOU and/or your use of all or any part of the Application and/or Services, with immediate effect, automatically, with or without notice and without recourse to the courts, for any reason or for no reason, including without limitation if JET believes that you are:
(i) in breach of any of the terms of this TOU;
(ii) creating problems or legal liabilities (actual or potential);
(iii) infringing a third party’s intellectual property rights; or,
(iv) engaging in fraudulent, immoral or illegal activities. You agree that JET is under no obligation to provide the Services, and that no JET Party shall be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Application and/or any of the Services.
16. Termination by You. You may terminate your use of the Services at any time by uninstalling and deleting the Application from all of your Devices.
17. Storage of Content. You acknowledge and agree that JET shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that no JET Party is under any obligation to preserve, provide access to or return to you any Content.
19. Indemnification. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, JET, ITS LICENSORS, ITS PARTNERS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING JET, COLLECTIVELY THE “JET PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THIS TOU OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE APPLICATION AND/OR ANY OF THE SERVICES, OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE APPLICATION AND/OR ANY OF THE SERVICES, OR (E) ANY TAXES RELATED TO YOUR PURCHASE AND/OR USE OF ANY OF THE SERVICES (OTHER THAN TAXES BASED ON THE INCOME OF JET). If you downloaded the Application from the Apple App Store, you acknowledge that, in the event of any third party claim that the Application or Services or your possession and use of the Application or Services infringes any third party’s intellectual property rights, as between JET and Apple, JET, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. JET reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify JET, and you agree to cooperate with JET’s defense of these claims. You agree not to settle any matter without the prior written consent of JET.
20. Assignment. You are not allowed to assign this TOU or any rights or obligations hereunder. JET is allowed at its sole discretion to assign this TOU and any rights hereunder to any third party, without giving of notice.
21. No Warranties to Users. The Application and Services are provided to you “AS IS” and “AS AVAILABLE” with no warranties. The JET Parties hereby disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including, without limitation, warranties, terms or conditions of merchantability, fitness for a particular purpose, satisfactory quality, correspondence with description, title, non-infringement, and accuracy of information generated. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT THE JET PARTIES (AND IF YOU DOWNLOADED THE APPLICATION FROM THE APPLE APP STORE, APPLE) WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE APPLICATION AND/OR ANY OF THE SERVICES. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION AND/OR ANY OF THE SERVICES IS TO IMMEDIATELY UNINSTALL THE APPLICATION AND CEASE USE OF THE APPLICATION AND ALL SERVICES. You further acknowledge that the JET Parties (and if you downloaded the Application from the Apple App Store, Apple) have no obligation whatsoever to furnish any maintenance or support services with respect to the Application and/or Services.
22. HARM TO YOUR DEVICE. YOU UNDERSTAND AND AGREE THAT YOU TRANSMIT, DISPLAY OR RECEIVE CONTENT THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICE AND COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM SUCH CONTENT.
23. NO WARRANTIES. THE JET PARTIES DO NOT WARRANT THAT THE CONTENT DISPLAYED OR TRANSMITTED ON OR THROUGH ANY OF THE SERVICES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE JET PARTIES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS FROM THE USE OF, THE APPLICATION OR SERVICES.
24. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE JET PARTIES BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATION AND/OR ANY OF THE SERVICES, THIS TOU OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF JET OR ANY OTHER JET PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. THE JET PARTIES SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THIS TOU OR USE OF THE APPLICATION OR ANY OF THE SERVICES. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of the JET Parties will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN JET AND RECEIVED THROUGH OR ADVERTISED ON ANY OF THE SERVICES.
25. CLAIMS. YOU AND JET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY OF THE SERVICES OR APPLICATION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If you downloaded the Application from the Apple App Store, you further acknowledge that Apple has no responsibility for addressing any claims relating to the Application or Services or your possession and/or use of the Application or Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Application or Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
26. Services Limited to United States. JET makes no representations that the Application or Services are appropriate or available for use in any location outside the United States. Those who access or use the Application and/or Services from other jurisdictions are entirely responsible for compliance with all local laws.
27. Feedback. Any comments, suggestions, or feedback relating to the Application or any of the Services (“Feedback“) submitted to JET shall become the property of JET. JET will have exclusive ownership of all rights to the Feedback. JET will be entitled to use the Feedback for any commercial or other purpose whatsoever, without any compensation to you or any other person. JET will not be required to treat any Feedback as confidential. You agree that you do not acquire any right in or to the Application or any of the Services (or any changes, modifications or corrections thereto) by virtue of any Feedback. You acknowledge that you are responsible for whatever material is submitted by you, including its legality, reliability, appropriateness, originality, and copyright.
28. Export. The Application and Services may only be operated, exported or re-exported in compliance with all applicable laws and export regulations of the United States and the country in which you obtained them. The Application and Services are specifically subject to the U.S. Export Administration Regulations; diversion contrary to United States law is prohibited. You may not export, directly or indirectly, the Application, Services or technical data licensed hereunder or the direct product thereof to any country, individual or entity for which the United States Government or any agency thereof, at the time of export, requires an export license or other government approval, without first obtaining such license or approval.
29. U.S. Government Rights. The Application, Services and technical data are commercial in nature and developed solely at private expense. The Application program and documentation are deemed to be “commercial computer Application” and “commercial computer Application documentation”, respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212(b), as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Application program and/or documentation by the U.S. Government or any of its agencies shall be governed solely by the terms of this TOU and shall be prohibited except to the extent expressly permitted by the terms of this TOU. Any technical data provided that is not covered by the above provisions is deemed to be “technical data¬commercial items” pursuant to DFAR Section 227.7015(a). Any use, modification, reproduction, release, performance, display or disclosure of such technical data shall be governed by the terms of DFAR Section 227.7015(b).
30.1 Notices. JET may provide you with notices, including those regarding changes to terms and conditions, by email, or postings on the JET website or within the Application. Notice will be deemed given twenty-four (24) hours after email is sent, unless JET is notified that the email address is invalid. Notice posted on the JET website or within the Application is deemed given ten (10) days following the initial posting. JET reserves the right to determine the form and means of providing notifications to our users.
30.2 Amendments. JET reserves the right to amend this TOU at any time by publishing the revised TOU on the JET website, within the Application, or by otherwise providing notice of such amendment pursuant to the notice provisions above. The revised TOU shall become effective following the applicable notice period, unless you expressly accept the revised TOU earlier by clicking on the accept button. Your express acceptance or continued use of the Application or Services after the applicable notice period shall constitute your acceptance to be bound by the terms and conditions of the revised TOU. You can find the latest version of this TOU at http://jet.me/terms-of-use/.
30.3 Ability to Contract. You hereby affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this TOU, and to abide by and comply with the terms and conditions of this TOU.
30.4 Entire Agreement. This TOU represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of this TOU is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
30.5 Waiver. The failure of JET to exercise or enforce any right or provision of this TOU will not constitute a waiver of such right or provision. Any waiver of any provision of this TOU will be effective only if in writing and signed by JET.
30.6 Headings. The heading referenced herein are for convenience purposes only, do not constitute a part of this TOU, and will not be deemed to limit or affect any of the provisions hereof.
30.7 Governing Law and Venue. This TOU is governed by the laws of the State of Massachusetts as such laws are applied to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents, and by the laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this TOU. You agree that the Services shall be deemed solely based in Massachusetts and each a passive Service that does not give rise to personal jurisdiction over JET, either specific or general, in jurisdictions other than the State of Massachusetts. You further agree that the state and federal courts located in Suffolk County, Massachusetts shall have exclusive jurisdiction and venue over all controversies and disputes in connection herewith, including but not limited to any controversies or disputes arising from or related to the Application, Services, Content or this TOU. You agree not to commence or prosecute any action against any JET Party other than in the state and federal courts located in Suffolk County, Massachusetts, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction in such state and federal courts.
30.8 Injunctive Relief. You acknowledge that the obligations made hereunder to JET are of a unique and irreplaceable nature, the loss of which shall irreparably harm JET and which cannot be replaced by monetary damages alone so that JET shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief.
30.9 Third Party Beneficiaries and Agreements. If you downloaded the Application from the Apple App Store, you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this License Agreement, and that, upon your acceptance of the terms and conditions of this TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOU against you as a third party beneficiary hereof. You agree to comply with, and your license to use the Application and Services is conditioned upon your compliance with, all applicable third-party terms of agreement, including those of any Application Store, as may be applicable, when using the Application and/or Services.
30.11 Mobile Alerts and Optout. JET may use carrier distributed mobile messaging (SMS or MMS) to send notifications (i.e. “push”). If you wish to no longer receive these notifications, please visit your device settings to opt-out.