TERMS OF SERVICE
Version Date: May 25, 2018.
Welcome to Just10!
The mobile application Just10 (“Just10 App”) and website located at www.Just10.com (the “Site”),
whereby hereinafter the Just10 App and the Site will be referred to as “Just10”
are copyrighted works belonging to Just10 Inc., a Canadian corporation, and its
affiliates (“Just10 Inc.”, “us” or “we”).
These Terms of Service (“Agreement”) explains the legally
binding terms for your use of Just10. By using Just10, you are accepting this
Agreement and you represent and warrant that you have the right, authority, and
capacity to enter into this Agreement. This Agreement starts the date you first
use Just10.
You can only use the Just10 if you are a person of at least 16
years of age, able to legally enter into this Agreement, and you are not an association,
corporation, partnership, proprietorship, trust or any other
legal entity that is not an individual person; you are not a person barred from
receiving services under U.S. or Canadian law; not residing in a country that
is subject to a U.S. Government embargo, or designated by the U.S. Government
as a “terrorist supporting” country; you are not included on any U.S.
government list of prohibited or restricted parties; and you are not a convicted
sex offender.
1. Features
1.1. In order to use Just10 you will
have to create an account by following the instructions on the Site or in the
Just10 App to create your account (“Just10 Account”). You may be placed on a
wait list before your account is created and available for your use. We may
email you confirmation when your account is fully created and available for
your use. We do not guarantee that your account will ever be created and
available for your use. You are responsible for all activities that occur under
your Just10 Account. You agree to immediately notify us of any unauthorized
use, or suspected unauthorized use, of your Just10 Account or any other breach
of security. We cannot and will not be liable for any loss or damage arising
from your failure to comply with these requirements
1.2. When creating your Just10 Account
you will be prompted to create a username. You are free to choose any username
within the allowable naming convention at the time of your Just10 Account
creation. However, your username at any time may be changed by us if the name
is deemed inappropriate by us, violates any 3rd party's intellectual
property or other rights, if the name is required to be used by us in the
operation of Just10, or for any other reason in our sole discretion.
1.3. There are multiple ways to add
friends in Just10. Should you decide to add a friend through the
contact/address book features from your mobile device or your email provider,
you will be prompted to allow Just10 to find which of your contacts in your
contact/address book already have accounts in Just10. If you elect to use this
feature Just10 will generate one-way SHA-1 hashes for each email addresses in
your contact/address book, and compare them against the one-way SHA-1 hashes generated
from the email addresses of other existing Just10 users. After this process is
complete, Just10 will discard all the one-way SHA-1 hashes for the email
addresses in your contact/address book, and we will only keep your email
address in its normal state and in its SHA-1 hash state. All information we
collect will be subject to our Privacy Policy as set out in Section #2 below.
1.4. Just10 will verify your account
opening by sending an email to your email address used when opening your
account. Failure to complete your email verification may render ust10
inoperable on your device. We are not responsible if the delivery of this email
confirmation does not occur due to any reasons beyond our control, such as, but
not limited to mobile network congestion, our outages, blocking of the email by
your mobile operator or internet provider, or this email ending up in your spam
or junk mail folder.
1.5. Your full Just10 profile consists
of your username, name, birthdate, status posts, profile photo, cover photo,
other photos, meactions, friends list, and how many of your 10 friend spots are
unfilled, and will be visible to any Just10 user that is your friend on Just10.
Some of the items that make up your Just10 profile may only be available for 10
days following their creation. Your Just10 status post updates are part of your
Just10 profile and will be visible to all your friends on Just10.
1.5.1. When you invite
a friend that is already registered on Just10, your full Just10 profile will
only be made visible to the person once they accept your friend request. Before
friendship is accepted, only your private Just10 profile will be visible to
that person comprising of your profile photo, cover photo, full name, username,
and number of friend spots that remain unfilled.
1.5.2. When you invite
a friend that is not registered on Just10, they will not be able to see your
Just10 profile information (such as your name and username) until they have
finalized creating their account on Just10.
1.6. You can have a maximum of 10
friends. This means your current friendships and pending friend invitations you
have sent, combined, cannot exceed 10 friends. You will be prevented from
inviting additional friends if you are already at the maximum of 10 friends
including any pending friend invitations you have sent, and you may be prompted
to either delete an existing friend or a pending friend invitation you have
sent. Any pending friend invitations you have received from other Just10 user
will not affect your 10 friend limit.
2. Privacy Policy. Our Privacy
Policy can be found here. Any information you provide to us
will be subject to this Privacy Policy. By using Just10, you agree to the
collection and use of this information, including our transfer of this
information to the US and/or Canada and/or Ireland, for storage and processing.
We have implemented physical, electronic, and managerial procedures in order to
help safeguard and prevent unauthorized access, use, alteration, modification
and/or disclosure of your personal information. Although we use reasonable
efforts to safeguard the security of your personal information, transmissions
made on or through the internet and personal information stored on our servers
or the servers of third parties that we use are vulnerable to attack and cannot
be guaranteed to be secure. In addition, submissions made via email are not
protected by encryption and are vulnerable to interception during transmission.
To read more about the security of your account, please refer to our Privacy
Policy
3.
License Agreement.
3.1. Our License to You. We are granting
you a) one (1) license to use Just10 for your use, and (b) a license to
download, install and use copies of Just10 on mobile devices that you own or
control for your use (the “License”). You cannot pass this license on to anyone
else, and this license is non-exclusive in nature and we may grant this license
to others should we so choose.
3.2.
Restrictions To The License We Give
You. The rights we grant to you in this Agreement are subject to the
following restrictions. You agree that you will not:
(a) license, sell, rent, lease, transfer, assign, distribute,
host, or otherwise commercially exploit the Just10;
(b) modify, translate, adapt, merge, make derivative works
of, disassemble, decompile, reverse compile or reverse engineer any part of the
Just10;
(c) access, tamper with, or use non-public areas of Just10,
our computer systems, or our technical delivery systems;
(d) access Just10 in order to build a similar or competitive
service;
(e) probe, scan, test, or exploit the vulnerability of any system
or network, or breach or circumvent any security or authentication measures;
(f) access or search, or attempt to access or search, Just10
by any means, automated or otherwise, other than through the currently
available, published interfaces provided by us, unless we specifically allow
you to do so via a separate agreement;
(g) forge any TCP/IP packet header or any part of the header
information in any email or posting, or in any way use the Services to send
altered, deceptive or false source-identifying information;
(h) interfere with or disrupt, or attempt to interfere with
or disrupt, the access of any user, host or network by any means including
sending a virus, overloading, flooding, spamming, mail-bombing Just10, or
scripting the creation of User Generated Content (defined in section 5) in such
a manner as to interfere with, or create an undue burden on, Just10 or its
users;
(i) collect information or User Generated Content posted by
others using automated means;
(j) offer or promote through Just10 any contest, giveaway or
sweepstakes without our prior written consent;
(k) facilitate or encourage any violations of this
Agreement;
(l) remove or destroy any copyright notices or other
proprietary markings contained on or in Just10.
(m) upload or distribute any computer viruses, worms,
malicious code, or any software intended to damage or alter a computer system
or data;
(n) collect information or data (including email addresses or
phone numbers) regarding other users without their consent;
(o) attempt to gain unauthorized access to Just10 or servers
or networks connected to the Just10 (e.g., through password mining); and
(p) interfere with another user's use and enjoyment of
Just10.
No part of Just10 may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, unless we explicitly agree to it in writing.
The terms of the Agreement shall apply to all future
releases, updates, or other additions to the functionality of Just10. All
copyright and other proprietary notices on Just10 content must be retained on
any copies.
Just10 is licensed to you. We own all right, title and
interest, including all related intellectual property rights, in and to Just10,
excluding your User Generated Content (defined below). This Agreement is not a
sale and does not convey to you any rights of ownership in or related to Just10.
The Just10 name, logo, and all product names associated with Just10 belong to
us, and no right or license is granted to you to use them by implication,
estoppel or otherwise. If any third party claims that Just10 – or your
possession and use of Just10 – infringes that third party's intellectual
property rights, we will be solely responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim.
We reserve all rights not granted in this Agreement.
4. Communications from Us. As part of
providing Just10, we need to send you some communications such as welcome/onboarding
emails, password reset confirmation emails, and account confirmation emails.
These communications are considered part of Just10, and you cannot opt out of
receiving them. By using Just10, you agree to accept these communications. All
other communications can be opted out of at the application or device level on
Just10.
5. Local Laws. We make no
representation that Just10 is appropriate for use in locations other than
Canada. If you access or use Just10 from other jurisdictions you do so at your
own volition and are responsible for compliance with your local laws. You are
solely responsible for compliance with all applicable laws, including export
and import regulations.
6.
Modification. We may at any time, modify, suspend, or discontinue
Just10 or any part of either of them, with or without notice to you. You agree
that we will not be liable to you or to any third party for any modification,
suspension, or discontinuance of Just10 or any part of them. Also, we reserve
the right to create limits on use and storage of information at our discretion
at any time without prior notice to you.
7. Product Claims. You agree that
we alone are responsible for addressing any claims by you or a third party
relating to Just10 or your possession and/or use of Just10 including (a)
product liability claims; (b) any claim that Just10 fails to conform to any
legal or regulatory requirement; and (c) claims arising under any consumer
protection or similar legislation.
8.
Content You Create
8.1 User Generated Content. “User Generated
Content” is information, data or other content generated or otherwise sourced
by you and uploaded to Just10, including your chat messages with all of your
friends. You are solely responsible for your User Generated Content, and you
should only provide content that you are comfortable sharing with others. You
assume all risks associated with use of your User Generated Content, including
any reliance on its accuracy, completeness or usefulness by others, or any
disclosure of your User Generated Content that makes you or any third party
personally identifiable. You represent and warrant that your User Generated
Content does not violate the Acceptable Use Policy (defined in section 9). You
may not state or imply that your User Generated Content is in any way provided,
sponsored or endorsed by us. We are not obligated to back-up your User
Generated Content, however, backups for the strict purpose of disaster recovery
may be cycled and deleted every three (3) days. User Generated Content may be
deleted by us at any time and will normally be deleted after ten (10) days or
sooner if you reach 400 chat messages and 100 status post updates. In order to
allow your messages to be accessible on different platforms, as well as after
logging out and back in, we will store your messages for a period of 10 days.
However, even though we aim to delete all your User Generated Content within 10
days we shall not be responsible if your User Generated content is unavailable
or not deleted and remains visible on Just10 for a period longer or shorter
than 10 days as a result of technical errors or bugs or any unforeseen
circumstances, or for any other reason. You understand that due to the
functionality of modern day internet browsers, smart phones, and such devices that
Just10 may be accessed from today or in the future, your User Generated Content
may be screen captured, copied, photographed, stored, or rebroadcast by any of
your friends on Just10 (but not by using any functionality within Just10). We
shall not in any way be responsible if any of your friends on Just10 copy,
photograph, store, or rebroadcast any of your User Generated Content to sources
outside of Just10. You are solely
responsible for creating backup copies of your User Generated Content if you
want to save this content for a period longer than ten (10) days, however we
shall in no way be responsible if you do not properly back up your User
Generated Content, or for the failure of any third party back up service you
may use. Other files, including but not limited to profile and cover photos,
meactions, and collages, that are sent through Just10 will normally be deleted
from Just10 and from our servers ten (10) days after their replacement.
8.2.
License from You to Us. By uploading, distributing, or otherwise sharing
your private messages and User Generated Content with Just10, you automatically
grant, and you represent and warrant that you have the right to grant, to us an
irrevocable, nonexclusive, royalty-free (i.e. no compensation paid to you or
anyone else) and fully paid worldwide license to reproduce and distribute your
private messages and User Generated Content solely for the purpose of providing,
delivering, copying and distributing the private messages and User Generated
Content to the intended recipients within Just10. You understand that due to
the functionality of modern day internet browsers, smart phones, and such
devices that Just10 may be accessed from today or in the future, your User
Generated Content may be screen captured, copied, stored, or rebroadcast by
other Just10 users (but not by using any functionality within Just10) and that,
if you do not have the right to submit your User Generated Content for such
use, such submission and rebroadcast by your intended recipients may subject
you to liability.
9. Acceptable Use Policy.
You will not use Just10 to upload, distribute, or otherwise share
any User Generated Content that (i) is harassing, bullying, abusive,
threatening, harmful, vulgar, obscene, or offensive, or that contains
pornography, nudity, or graphic or gratuitous violence, or that promotes
violence, racism, discrimination, bigotry, hatred, or physical harm of any kind
against any group or individual, or is otherwise objectionable; (ii) is harmful
in any way; iii) constitutes unsolicited or unauthorized advertising,
promotional materials, junk mail, spam, chain letters, pyramid schemes, or any
other form of duplicative or unsolicited messages, whether commercial or
otherwise; or (iv) violates any law, regulation, or contractual obligation; (v)
violates 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; (vi) is tortious, trade libelous, defamatory,
false, or intentionally misleading.
10.
Enforcement. We do not review any User Generated Content. On platforms
and in jurisdictions that commercially or legally compel Just10 to support a
“Report a Post” functionality (for example the Apple iOS platform), users may
report posts on Just10 that they find offensive. In these and other similar
cases, we do reserve the right to
access, read, preserve, and disclose any User Generated Content, or other
information as we reasonably believe is necessary to (a) satisfy any applicable
law, regulation, legal process or governmental request; (b) enforce the terms
of this Agreement, including investigation of potential violations of this
Agreement; (c) detect, prevent, or otherwise address fraud, security or
technical issues; (d) respond to user support requests; or (e) protect the rights,
property or safety of Just10, its users and the public. We may suspend or
terminate your Just10 Account in accordance with Section 11.
11.
Term and Termination.
11.1. This Agreement
begins on the date you first use Just10 and will remain in full force and
effect while you use Just10, unless earlier terminated in accordance with this
Agreement.
11.2.
At any time we may:
(a) suspend your rights to use Just10; or
(b) terminate this Agreement;
for any reason at our sole discretion with or without notice
to you. Our right to terminate also includes the right to terminate this
Agreement with any user who repeatedly infringes third party intellectual
property rights upon notification to us by the intellectual property rights
owner or their legal agent. To be clear, we may suspend or terminate your
access for any or no reason at any time.
11.3.
Upon termination of this Agreement, your Just10 Account and right to use Just10
will automatically terminate immediately. The termination of your Just10
Account may involve deletion of your User Generated Content from our live
databases. We will not be liable to you for any termination of this Agreement,
including for termination of your Just10 Account or deletion of your User
Generated Content. Even after this Agreement is terminated, the following
sections of this Agreement will remain in effect: Sections 1, 3
4,5,7,8,9,10,12,13,14,15,16,17.
12. Third Parties
12.1. App Stores. If you
originally downloaded Just10 from an app store, you acknowledge and agree that
the availability of the Services is dependent on the third party from which you
received Just10, e.g., Apple, BlackBerry, Windows Phone, Amazon or Android app
stores (collectively the “App Store”). You acknowledge that this Agreement is
between you and us and not with the App Store. We, not the App Store, are
solely responsible for Just10, the content thereof (except User Generated
Content), maintenance, support services, and warranty thereof and for
addressing any claims relating to Just10 (e.g., product liability, legal
compliance, or intellectual property infringement). You agree to pay all fees,
if any, charged by the App Store in connection with Just10.
If you originally connected to Just10 through the Apple App
Store: In the event of any failure of Just10 to conform to any applicable
warranty, you may notify Apple, and Apple will refund the purchase price for
Just10, if any; to the maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with respect to Just10, and any
other claims, losses, liability, damages, costs or expenses attributable to any
failure of Just10 to conform to any warranty is Just10 Inc.'s sole responsibility.
You agree to comply with, and your license to use Just10 is conditioned upon
your compliance with, all applicable third party terms of agreement (e.g., the
App Store's terms and policies) when using Just10. You acknowledge that Apple
and its subsidiaries and its App Store are third party beneficiaries of this
Agreement and will have the right to enforce this Agreement.
12.2.
Third Party Sites. Content posted by you and your friends on Just10,
may contain advertisements and/or links to third party websites (“Third Party
Sites”). We are not responsible for and do not control any advertisements that
may form part of any User Generated Content and Third Party Sites. We have no
obligation to review or monitor, and we do not approve, endorse, or make any representations
or warranties with respect to and advertisements that may form part of any User
Generated Content and Third Party Sites. You use all advertisements that may
form part of any User Generated Content and Third Party Sites at your own risk.
When you access an advertisement that may form part of any User Generated
Content and a Third Party Site, the applicable Third Party's terms and policies
apply, including the Third Party's privacy policies. You should make whatever
investigation you feel necessary or appropriate before proceeding with any
transaction in connection with any advertisement that may form part of any User
Generated Content and Third Party Sites.
12.3.
Other Users. Just10 may contain User Generated Content provided by
other users of Just10. We are not responsible for and do not control User
Generated Content. We have no obligation to review or monitor, and do not
approve, endorse, or make any representations or warranties with respect to
User Generated Content. You use all User Generated Content and interact with
other Just10 users at your own risk. Your interactions with other users are
solely between you and the other user, and we are under no obligation to become
involved. You agree that we will not be responsible for any liability or damage
incurred as the result of any such interactions.
13. Indemnity.
You agree to defend, indemnify and hold harmless Just10 Inc., our officers,
directors, employees, contractors, agents and suppliers from and against any
and all claims, suits, losses, damages, obligations, liabilities, costs, debts
and expenses (including attorneys' fees) brought by third parties resulting
from or relating to (a) your use of Just10, (b) your User Generated Content,
(c) your violation of this Agreement, (d) your violation of any third party
right, including any intellectual property, property or privacy right, or (e)
any claim that your User Generated Content caused damage to a third party. We
reserve the right, at your expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us, and you agree to
cooperate with our defense of these claims. You agree not to settle any matter
related to this Agreement or your use of Just10 without our prior written
consent. We will use reasonable efforts to notify you of any such claim, action
or proceeding upon becoming aware of it.
14.
Release. You hereby irrevocably and
unconditionally release and forever discharge us, our officers, directors,
employees, agents and suppliers from any and all claims, demands, and rights of
action, whether now known or unknown, which relate to any interactions with, or
act or omission of,\ Just10 users or Third Party Sites. IF YOU ARE A CALIFORNIA
RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION
WITH THE FOREGOING. THAT CODE SECTION STATES: “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 OR HER SETTLEMENT WITH THE DEBTOR.”
15.
Disclaimers.
JUST10 IS PROVIDED “AS-IS” AND AS AVAILABLE AND JUST10 INC.,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS EXPRESSLY DISCLAIM ANY
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. JUST10 INC.,
ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUPPLIERS MAKE NO WARRANTY THAT
JUST10 (A) WILL MEET YOUR REQUIREMENTS, (B) WILL BE AVAILABLE ON AN UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE BASIS, (C) WILL BE ACCURATE, RELIABLE, COMPLETE,
LEGAL, OR SAFE, (D) WILL BE ABLE TO PROVIDE YOU WITH PRIOR NOTICE THAT JUST10,
OR ANY FEATURE THEREOF, WILL BECOME EITHER PERMANENTLY OR TEMPORARILY
UNAVAILABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
16.
Limitation on Liability.
16.1. IN NO EVENT
SHALL JUST10 INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR
SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY OTHER
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES ARISING FROM THIS AGREEMENT, JUST10, EVEN IF JUST10 INC. HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS APPLICABLE TO
LOSSES INCLUDING DAMAGES RESULTING FROM (A) ERRORS, MISTAKES, OR INACCURACIES
OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER
RESULTING FROM YOUR ACCESS TO AND USE OF JUST10, (C) ANY UNAUTHORIZED ACCESS TO
OR USE OF JUST10 INC.'S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM JUST10 INC.'s SERVERS, (E) ANY BUGS, VIRUSES, TROJAN
HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY
THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED,
EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA JUST10. THESE LIMITATIONS
APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
THEORY. YOU SPECIFICALLY ACKNOWLEDGE THAT JUST10 INC. SHALL NOT BE LIABLE FOR
USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS
ENTIRELY WITH YOU.
16.2. ACCESS TO, AND
USE OF JUST10 ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF
DATA RESULTING THEREFROM.
16.3.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.
16.4. YOU AGREE THAT
ANY CAUSE OF ACTION BROUGHT BY YOU ARISING OUT OF OR RELATED TO JUST10 MUST
COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
17. General.
17.1. Changes to this Agreement. We may
occasionally change this Agreement. Any changes to this Agreement will be
effective upon our posting of the most recent version of this Agreement on Just10.
These changes will be effective immediately for users of Just10. Continued use
of Just10 following posting of the most recent version of this Agreement shall
be your acknowledgement of any changes and your agreement to be bound by the
terms and conditions of the changes. We recommend that you print a copy of this
Agreement for your reference and revisit this Agreement from time to time to
make sure you are aware of any changes.
17.2. Feedback. If you provide
us with any feedback or suggestions (“Feedback”), you hereby assign to Just10
Inc. all rights in the Feedback and agree that we shall have the right to use
such Feedback and related information in any manner it deems appropriate. We
will treat any Feedback you provide to us as non-confidential and non-proprietary
information. You will not submit to us any information or ideas that you
consider to be confidential or proprietary.
17.3. Costs. You are responsible for taking
all necessary steps to ensure you can access Just10 (including, but not limited
to all internet provider and mobile internet provider fees and, any other
charges associated with your access). We shall not be held responsible for any
reduced functionality you may encounter as result of or in connection with
accessing Just10 through your mobile devices.
By using Just10 on your mobile phone, you accept that you may
incur charges from your internet or mobile service provider. We shall not under
any circumstances be liable for such charges.
17.4.
Governing Law. This Agreement is governed by the laws of British
Columbia, Canada, without giving effect to any conflict of laws principles that
may provide for the application of the law of another jurisdiction. You agree
to submit to the personal jurisdiction of the courts located in Vancouver, British
Columbia, Canada for the purpose of litigating any claims or disputes, and you
also agree that Just10 is a passive server whose activities do not give rise to
personal jurisdiction over us, either specific or general, in jurisdictions
other than British Columbia, Canada. Notwithstanding the foregoing, we may seek
injunctive or other equitable relief to protect our intellectual property
rights in any court of competent jurisdiction. To be clear: the United Nations
Convention on Contracts for the International Sale of Goods does not apply to
this Agreement.
17.5.
Severability. If any part of this Agreement is, for any reason, held to
be invalid or unenforceable, the other parts of this Agreement will remain
valid, and the invalid or unenforceable parts will be deemed modified so that
they are valid and enforceable to the maximum extent permitted by law.
17.6.
Entire Agreement. This Agreement (including our Privacy Policy and any
other legal notices published by us) is the final, complete and exclusive
agreement between you and us with respect to the subject matters hereof
(including the Site and Just10) and supersede all prior discussions and
agreements between you and us with respect to such subject matters (including
any prior Terms of Service or Privacy Policies). Our failure to exercise or
enforce any right or provision of this Agreement shall not operate as a waiver
of such right or provision. The word “including” means “including without
limitation”. This Agreement, and your rights and obligations herein, may not be
assigned by you and any attempted assignment will be null and void. We may
assign this Agreement to any of our affiliates or in connection with a merger,
acquisition, reorganization or sale of all or substantially all of its assets,
or other operation of law, without your knowledge or consent.
17.7.
Records Retention. Your account details including username, name,
email, birthdate, password, profile and cover photos plus any User Generated
Content and messages you send and messages sent to you will be stored in either
Canada or the United States or Ireland.
17.8. Apache License. Because Just10
includes Apache code, please note the following:
Copyright
2012Just10 Inc. Licensed under the Apache License, Version 2.0 (the
"Apache License"). You may not use this file except in compliance
with the Apache License. You may obtain a copy of the Apache License at http://www.apache.org/licenses/LICENSE-2.0. Unless required
by applicable law or agreed to in writing, software distributed under the
Apache License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES
OR CONDITIONS OF ANY KIND, either express or implied.
See the Apache
License for the specific language governing permissions and limitations under
the Apache License.
17.9. BlackBerry. If you are using Just10 on a
BlackBerry or other Blackberry Limited device, you further agree to the
following:
17.9.1 “Distributable
Code” means Distributable Object Code (object code for those components of the
software development kit (“SDK”) which are listed in certain named files either
included as part of the SDK or otherwise provided to you; includes object code
installer) and Distributable Source Code (certain application templates, code
stubs, code snippets, example applications, sample code and code fragments in
source code form either included as part of the SDK or otherwise provided to
you).
17.9.2 The license
from Blackberry is a non-exclusive, terminable license for use of the
Distributable Code only on or in conjunction with Just10 and you acquire no
intellectual property or other proprietary rights including patents, designs,
trademarks, copyright or rights in any confidential information in or related
to the Distributable Code.
17.9.3 You will not
reverse engineer the Distributable Code except to the extent that Blackberry
and we are expressly precluded by law from imposing such restriction.
17.9.4 You will cease
all use of the Distributable Code within a reasonable period of time following
expiration or termination of your license from Blackberry and Just10 Inc. You
shall not alter any copyright, trademark or patent notice in the Distributable
Code.
17.9.5 Blackberry
shall not be liable to you for any damages whatsoever.
17.9.6 You shall
import, export, re-export and use the Distributable Code only in accordance
with the laws and regulations of the countries and/or territories in which the
Distributable Code is used, imported, exported and/or re-exported.
17.9.7 We make no
warranties, express or implied, related to the Distributable Code on
Blackberry's behalf.
18. Copyright Infringement. If you believe that your copyright rights have been infringed by a user of Just10, please provide us with the written information specified below. Please note that this procedure is exclusive for notifying us that your copyright material has been infringed. The following information must be provided along with an electronic or physical signature of the person who is authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on Just10;
• Your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by either the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on Just10 can be reached as follows:
Copyright Agent:
Just10 Inc. Legal Department
#1200 - 89 West Georgia Street
Vancouver, B.C., V6B 0N8
Canada
Email: legal@Just10.com
Just10 Inc.
#1200 - 89 West Georgia Street, Vancouver, BC Canada V6B 0N8.
legal@Just10.com