Terms and Conditions of Sale
- SERVICES AGREEMENT.
(a) The Services to be provided by Jack of Digital will be set forth on an applicable order, contract or agreement entered into by Client and Jack of Digital and the Terms are incorporated into and made a part thereof. The Agreement contains the entire agreement of the parties relating to and supersedes all prior agreements and understandings (whether written or oral) with respect to the subject matter thereof. No terms other than those set forth in the Agreement (including the Terms) will be binding on Jack of Digital unless expressly agreed to in writing by Jack of Digital. Jack of Digital reserves the right, in its sole discretion, to change, modify, add or remove any portion of the Terms, in whole or in part, at any time. Client’s use of the Services after any such change constitutes acceptance of those changes. In addition, Client will follow all rules, procedures, terms and conditions that may govern any particular Service, including any such rules, procedures, terms and conditions provided by Jack of Digital’s Vendors, and Client acknowledges that it has agreed to be bound by the same.
(b) Any performance information provided in the Agreement (including, but not limited to, past performance or future projections of ratings points, audience impressions or any other performance measure) are estimates for informational purposes only. Jack of Digital makes no representation or guarantee regarding the performance of any advertisement, program or Service and Jack of Digital will have no liability for the performance of any advertisement, program or Service. Jack of Digital will not be obligated to “post” (i.e., provide ratings or other performance information for any advertisement), unless expressly agreed to in writing by Jack of Digital.
(c) Jack of Digital does not guarantee any exclusivity or product protection or that an advertisement will not be delivered within a requisite time frame or otherwise adjacent to any competing products or services.
- TERM AND TERMINATION.
(a) Term. The term of the Agreement will be set forth on the applicable order, contract or agreement for Services entered into by Client and Jack of Digital. The Agreement will not automatically renew and any renewal must be agreed to in writing by Jack of Digital.
(b) Termination. Jack of Digital may terminate the Agreement by providing 30 days prior written notice to Client. Client may terminate the Agreement by providing 30 days prior written notice to Jack of Digital, unless the terms of the applicable order specify the order is non-cancellable. Notwithstanding the foregoing, Jack of Digital may terminate the Agreement and/or Client’s use of any Services immediately at any time: (i) if Client breaches any term of the Agreement or the Terms, including but not limited to Client’s failure to make any payment when due; (ii) if Jack of Digital determines, in its sole discretion, that Client has violated the Terms or any other applicable terms and conditions or that it has otherwise used any Services for any improper purpose; (iii) if Jack of Digital no longer has the right or license to provide any Services; (iv) if Client, or the advertising party on whose behalf Client entered into the Agreement, becomes insolvent, makes an assignment for the benefit of creditors, files a petition under the bankruptcy laws or has such a petition filed against it, or a receiver is appointed for Client (or such advertising party’s) property or business; or (v) in the event Jack of Digital determines, in its sole discretion, that Client’s use of any Services would violate any third party’s rights, would violate any applicable law, rule or regulation, would be unfair, deceptive, misleading or inappropriate for advertising or otherwise would not be in the public interest. In the event of any termination of the Agreement, without limiting any rights of Jack of Digital, Client will immediately pay all amounts due as of the date of such termination.
(c) Effect of Termination. Client’s obligations to pay any and all amounts due and owing to Jack of Digital under the Agreement and/or invoices and all other rights of Jack of Digital that by their nature survive termination (for example, indemnity rights) will survive any termination of the Agreement. Client will not be relieved from any of its obligations that survive such early termination of this Agreement. In addition, Client will be liable to pay for any out-of-pocket expenses incurred by Jack of Digital through the date of termination (for example, the purchase of digital inventory, data, third-party expenses of ad serving, talent fees, event expenses, etc.).
- PREEMPTION OR FAILURE TO DELIVER; MAKEGOODS.
(a) Jack of Digital may preempt any advertisement covered by the Agreement without notice or liability to Client. If Jack of Digital preempts or otherwise does not deliver any advertisement covered by the Agreement for any reason, Jack of Digital may elect to offer Client a substitute advertisement during a different time or program (a “make good”). If Jack of Digital and Client mutually agree on a make good, Client will be charged for the advertisement as provided in the Agreement. If the parties do not agree on a make good, Client will not be charged for the non-delivered advertisement.
(b) The make good remedy provided in this section is Client’s sole and exclusive remedy for Jack of Digital’s preemption or failure to deliver any advertising in accordance with the terms of the Agreement.
- BILLING AND PAYMENT.
(a) Invoices. Jack of Digital will issue invoices to Client and Client will pay all invoices for services provided under the Agreement. Client agrees that time is of the essence with respect to payment, and (i) each invoice must be paid within the stipulated time as per the Client contract, and (ii) each invoice will be deemed accepted by Client if Client does not notify Jack of Digital in writing of any objection related to such invoice within 5 days following issuance of such invoice by Jack of Digital.
(b) Joint and Several Liability. As a material consideration for Jack of Digital to deliver advertisements and/or provide Services, Agency and Advertiser will be jointly and severally liable to Jack of Digital for all payment and other obligations of Client under the Agreement. Agency and Advertiser each waive notice of default(s) of any of their obligations under the Agreement. Advertiser acknowledges and agrees that payment by Advertiser to Agency for services rendered by Agency to Advertiser in connection with or relating to the Agreement will not relieve Advertiser from its joint and several liability obligations to Jack of Digital hereunder.
(d) Payment Terms; Suspension. Jack of Digital has the right, in its sole discretion, to require payment in advance of any scheduled advertising delivery dates, or any other credit terms. If any invoice has not been paid by Client as and when due, Jack of Digital may, in its sole discretion and without notice, suspend the delivery of advertisements or other Services to Client.
- CLIENT REPRESENTATIONS, WARRANTIES AND COVENANTS.
(a) Authority. Client represents, warrants and covenants that it is authorized and has the legal authority to enter into the Agreement. If Client is an Agency, Client represents, warrants and covenants that it is the authorized agent of its applicable client(s) and has the legal authority to enter into the Agreement on behalf of its client(s) and that such authority includes, without limitation, the right to bind such client(s) to the terms of the Agreement, to manage such clients’ accounts with Jack of Digital, and to make all decisions relating to such accounts.
(b) Client Content. Client represents, warrants and covenants that all materials or content provided to Jack of Digital by Client in connection with the Agreement (“Client Content”): (i) will comply with applicable federal, state and local laws, rules and regulations; (ii) will not infringe or violate in any manner any copyright, patent, trademark, trade secret or other intellectual property right of any third party; (iii) will not breach any duty toward, or rights of, any person or entity, including, without limitation, rights of publicity or privacy, or have not otherwise resulted in any consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity; (iv) will not contain material or information constituting libel, slander or defamation, or that is threatening or otherwise violates the legal rights of any third party; (v) will not contain any text or other materials that are false or misleading or violate any federal, state, or local laws, rules and regulations dealing with trade practices, product promotion, and consumer protection, including those dealing with product endorsements; (vi) will contain proper sponsorship identification as per the laws as well as the platform guidelines, as amended; (vii) is free from any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any system data or personal information; and (viii) Client has secured all necessary legal rights, licenses, approvals and permissions for the inclusion of music, vocal impressions, trademarks and other proprietary material.
Client will not advertise anything illegal, nor engage in any illegal or fraudulent business practice in connection with its use of the Services. Client agrees to furnish advertising substantiation material to Jack of Digital promptly upon Jack of Digital’s request. Client is solely responsible for Client’s use of the Services in accordance with the Agreement, all Client Content and for any services and products advertised by Client, and Jack of Digital has no responsibility to review or liability for any Client Content. Jack of Digital may reject or refuse to deliver any Services for any reason, in Jack of Digital’s sole discretion.
(c) Delivery of Client Content. Client will furnish all Client Content at its own expense, fully produced and ready for delivery, where required, to Jack of Digital at least 48 hours (excluding Saturdays, Sundays and gazetted holidays) before the date and time of first delivery. Jack of Digital may, in its sole discretion, require longer delivery periods. If Client fails to furnish Client Content within such time period, Jack of Digital may nevertheless charge Client for such Services.
(d) Consents. Client authorizes and consents to all services necessary for Jack of Digital to provide the Services, which may include Jack of Digital’s submission of Client Content to third party distribution partners or the use of or registration of an internet or mobile microsites or domain name or URL on Client’s behalf. Client hereby grants to Jack of Digital, its licensees and the third party media service providers utilizing the Services, a non-exclusive, worldwide, transferable, sublicensable, perpetual, irrevocable, royalty-free, right and license to publicly perform, publicly display, copy, modify, reformat, and distribute Client Content in any and all media now known or hereafter developed solely in connection with the performance of the Services.
(e) Security. Clients may be given access to an online advertising reporting interface for purposes of reporting, administration of Client’s account or otherwise in connection with the Services. Client agrees to protect any passwords or other credentials associated with Client’s account and take full responsibility for Client’s use of Client’s account as well as its use by any third party Client authorizes to do so. Clients will not use any automated means to access the Services, including without limitation, agents, scripts, robots, or spiders. Client agrees not to interfere with the proper working of the Services and you will not attempt to reverse engineer, disassemble, reconstruct, decompile, copy, or create derivative works of the Services, any aspect or portion thereof, including but not limited to source code or algorithms.
(f) Removal or Export. Client may not remove or export from Client’s jurisdiction or allow the export or re-export of the Services or anything related thereto in violation of any applicable export control or similar restrictions, laws or regulations. Jack of Digital or its Vendors purchase telecommunications services and use such services to provide enhanced service products to Client. Jack of Digital will have the right to terminate, suspend or amend the Agreement automatically upon written notice in the event that Jack of Digital determines there is any impairment or change in regulation of the Services. Jack of Digital will have no liability or obligation to Client of any kind arising out of such termination, suspension or change.
Title and all ownership rights in and to the Services, together with any and all ideas, concepts, computer programs and other technology supporting or otherwise relating to Jack of Digital’s operation of the Services (collectively, the “Materials”) will remain at all times solely with Jack of Digital and/or its affiliates and Vendors, as applicable. Client has not acquired any ownership interest in the Materials and will not acquire any ownership interest in the Materials by reason of the Agreement.
- DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND JACK OF DIGITAL DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. JACK OF DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES TO CLIENT THAT THE PERFORMANCE OF ITS OBLIGATIONS UNDER THE AGREEMENT WILL PRODUCE ANY LEVEL OF PROFITS OR BUSINESS FOR THE OTHER PARTY.
- LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES WILL JACK OF DIGITAL HAVE ANY LIABILITY FOR LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, BASED UPON A CLAIM OF ANY TYPE OR NATURE (INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, INCLUDING NEGLIGENCE, WARRANTY OR STRICT LIABILITY), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. IN ANY EVENT JACK OF DIGITAL’S TOTAL OBLIGATIONS AND/OR LIABILITY IN THE AGGREGATE CAN NEVER EXCEED THE LESSER OF (I) ONE THOUSAND DOLLARS ($1,000) OR (II) THE TOTAL AMOUNT PAID TO JACK OF DIGITAL BY CLIENT HEREUNDER. CLIENT AGREES THAT CLIENT MAY NOT SEEK INJUNCTIVE RELIEF OR SPECIFIC PERFORMANCE OF THE AGREEMENT.
Client will defend, indemnify and hold harmless Jack of Digital, its officers, directors, stockholders, agents, employees, subsidiaries and affiliated companies, Vendors and each of their representatives (“Indemnified Parties”), from and against all allegations, claims, actions, causes of action, lawsuits, damages, liabilities, obligations, costs and expenses (including without limitation reasonable attorneys’ fees, costs related to in-house or outside counsel time, court costs and witness fees) (collectively “Losses”) arising out of or in connection with Client’s use of the Services, including, without limitation (i) any claim that Client’s content infringes or violates any right of any third party; (ii) any act or omission by Client in breach of the Terms; (iii) any claim, which, if true, would constitute or entail a breach by Client of any of the representations or warranties set forth in the Terms; (iv) the negligence or willful misconduct of Client; (v) Client’s violation of any law or legal requirement in connection with Client’s use of the Services and (vi) any claim related to payments made (or not made) by Jack of Digital to any publisher, supplier or vendor on behalf of Client (collectively, “Indemnified Claims”). Jack of Digital in its sole discretion will have the right to control the defense of any and all Indemnified Claims with counsel of its choice and Client will promptly pay any and all reasonable attorneys’ fees and costs incurred by Jack of Digital in connection with such defense. Client will not settle any Indemnified Claims without Jack of Digital’s prior written consent. The provisions of this section will survive performance, cancellation or termination of the Agreement.
(a) Independent Contractors. The parties hereto are independent contractors and the Agreement will not be construed to create an agency, partnership, joint venture or other relationship between the parties.
(b) Assignment; Third Party Beneficiaries. Client may not, without the prior written consent of Jack of Digital, assign or transfer the Agreement or any of its rights hereunder, whether by operation of law or otherwise. Client agrees that third parties with whom Jack of Digital may contract from time to time in order to provide the Services (including, without limitation, Vendors) are intended third party beneficiaries to the Agreement and may enforce their rights hereunder directly against Client.
(c) Modification; Waiver, Survival. No terms other than those set forth in the Terms will be binding on Jack of Digital unless expressly agreed to in writing by Jack of Digital. Jack of Digital’s failure to exercise or enforce any right or provision of the Agreement (including the Terms) will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms by Jack of Digital must be made in writing and signed by an authorized representative of Jack of Digital specifically referencing the Terms and the provision to be waived. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect. Sections 2, 4 and 6 through 10 will survive any termination of the Agreement.
(d) Force Majeure. Jack of Digital is not liable for delays in delivery and/or non-delivery of Services in the event of an act of God, actions by any governmental or quasi-governmental entity, infectious disease outbreak, epidemic or pandemic, Internet failure, equipment failure, power outage, fire, earthquake, flood, insurrection, riot, act of terrorism, act of war, explosion, embargo, strike, labor or material shortage, transportation interruption of any kind, work slow-down, or any condition beyond Jack of Digital’s control affecting the Services.
(e) Governing Law; Venue; Disputes. Any dispute or controversy arising out of or relating to any interpretation, construction, performance or breach of the Agreement and/or Client’s use of the Services will be exclusively governed by the laws of the United States without regard to its conflict of law provisions. The parties further agree to submit to the jurisdiction of the courts of California, which will serve as the exclusive venue. Because time is of the essence with respect to any disputes relating to amounts owed by Client for Services: (i) any dispute concerning the amount of any invoice or the delivery of Services under the Agreement must be communicated to Jack of Digital in writing within 30 days following the date of the applicable invoice covering such Services, and (ii) any legal claim or litigation arising under the Agreement must be initiated by Client within 6 months following the date of the applicable invoice, notwithstanding any applicable statutes of limitations. In the event of any dispute, each party will bear its own costs and expenses, including attorneys’ fees.
(f) Retransmission. Jack of Digital will have the right to retransmit Client’ commercial material as part of the Jack of Digital advertising in any other manner or medium in which Jack of Digital elects to authorize such advertising.
(g) Compliance with Regulatory Requirements; Non-Discrimination. This Agreement is subject to, and the Client will comply with, the requirements contained in the all applicable laws, regulations, notices or standards that govern Jack of Digital’s services, which requirements Jack of Digital shall enforce at its absolute discretion. All political advertising, involving advertising in support of candidates at the federal, state and local levels, and all issue advertising, whether of national, state or local importance, shall be subject to applicable federal, state and local laws, rules and regulations, and Jack of Digital shall retain the right to require advertisers to comply, at Jack of Digital’s absolute discretion, with such laws, rules and regulations and to provide written documentation in conformance with Jack of Digital’s requirements. Jack of Digital reserves the right to require Client to complete necessary documentation in order for Jack of Digital to determine if Client is a foreign government. In the event Jack of Digital determines that Client is a foreign government, Jack of Digital will take actions in order to meet the terms and conditions of all digital platforms and regulatory requirements, and Client will comply with such actions. Jack of Digital and its affiliates are committed to a policy of non-discrimination in the advertising contracts that it enters into with its advertisers. Jack of Digital will not enter into or carry out, in connection with any advertising contract it is a party to, any terms, conditions, or policies that commit the advertiser or Jack of Digital to discriminate in the sale or placement of advertising on the basis of race or ethnicity.
This website is owned or managed by Jack of Digital and is part of the Jack of Digital group which works with digital platforms for marketing services.
and any other website owned or operated by Jack of Digital that links to this Agreement (each a “Jack of Digital Website”), as well as the services offered by Jack of Digital, including this Jack of Digital Website, Jack of Digital mobile services and any other features, content, services, or applications offered from time to time by Jack of Digital in connection with this Jack of Digital Website (collectively, the “Services”).
This Jack of Digital Website is not intended for children under 16 years of age, and Jack of Digital does not knowingly collect or use any information from children under the age of 16. No one under the age of 16 may provide any information to or on the Website.
Certain products or services offered by this and/or other Jack of Digital Websites and certain areas within this and/or other Jack of Digital Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or the Services. For example, if you wish to register for this Jack of Digital Website and make use of the Services, you must read this Agreement and indicate your willingness during the Registration process. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE ANY JACK OF DIGITAL WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY JACK OF DIGITAL WEBSITE MAY BE TERMINATED IMMEDIATELY IN JACK OF DIGITAL’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Changes to this Agreement
In its sole discretion, Jack of Digital may modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. Please review this Agreement and/or Additional Terms periodically for changes as you are bound by the version of this Agreement that exists whenever you access the Jack of Digital Website. Your continued use of the Jack of Digital Website and/or Service after Jack of Digital posts a revised Agreement constitutes your willingness to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this Jack of Digital Website and/or the Service to which the changes may apply.
Privacy and Protection of Personal Information
Jack of Digital has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking
Accounts, Security, Passwords
If a particular Jack of Digital Website or Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You will notify Jack of Digital immediately at info@Jackofdigital.com if you suspect any unauthorized use of your account or access to your password. Jack of Digital is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will not use the account, username, or password of another registered user at any time or to disclose your password to any third party. You are solely responsible for any and all use of your account. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Service. By using the particular Jack of Digital Website or Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Services does not violate any applicable law or regulation.
Jack of Digital may terminate your account at any time, without warning for any or no reason, with or without prior notice or explanation, and without liability. Even after your account is terminated, this Agreement will remain in effect in its entirety.
Access and Use
Materials contained in this Jack of Digital Website (“Site Content”) are protected by international trademark and copyright laws and must only be used for personal, non-commercial purposes. Jack of Digital grants you a limited, revocable, non-transferable license to reproduce and display the Site Content (excluding any software code) on your computer and other electronic device solely for your personal use in connection with viewing this Jack of Digital Website and using the Services. This means that you may only view or download material from this Jack of Digital Website for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.
The Services are for your personal use only and may not be used in connection with any commercial activities except those that are specifically approved by Jack of Digital. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, any unauthorized framing of this Jack of Digital Website or any unauthorized use of music and video embedded players is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice or explanation and may result in termination of account privileges. Jack of Digital may take appropriate legal action for any illegal or unauthorized use of the Services.
Except for content posted by you, the reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, publication, display, sale, or transmission of material from this Jack of Digital Website is STRICTLY PROHIBITED unless you have obtained the prior written consent of Jack of Digital or unless it is expressly permitted by this Jack of Digital Website. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Jack of Digital Website. The use of materials from this Jack of Digital Website on any other web site or networked computer environment is similarly prohibited.
Also, except for content you post, you are strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Jack of Digital Website including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
Except where otherwise provided, access to and use of this Jack of Digital Website and the Services offered through this Jack of Digital Website are currently available without charge. Jack of Digital may charge a fee for access to or use of this Jack of Digital Website, or any Service available on this Jack of Digital Website at any time in the future. Your access to or use of this Jack of Digital Website prior to the imposition of a fee does not entitle you to the continued use of this Jack of Digital Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THIS JACK OF DIGITAL WEBSITE AND IS AT YOUR OWN RISK. ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS JACK OF DIGITAL WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. JACK OF DIGITAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, JACK OF DIGITAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. JACK OF DIGITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS JACK OF DIGITAL WEBSITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. JACK OF DIGITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS JACK OF DIGITAL WEBSITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS CONTENT.
JACK OF DIGITAL IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR JACK OF DIGITAL INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
You agree that you will not:
- Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes;
- Solicit personal information from anyone under age 18;
- Solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
- Publicly post information that poses or creates a privacy or security risk to any person;
- Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through any Jack of Digital Website, or any postings which advocate illegal activity;
- Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, patently offensive, promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, insulting, threatening, tortuous, harassing, hateful or otherwise objectionable;
- Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- Deliver, or provide links to, any postings containing defamatory, false or libelous material, contains nudity or a link to an adult website;
- Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity;
- Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships;
- Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver;
- Use this Jack of Digital Website in any manner that could damage, disable, overburden, or impair or otherwise interfere with the use of the Jack of Digital Website or the computer equipment of other users, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment;
- Attempt to gain unauthorized access to this Jack of Digital Website, any related website, other accounts, computer system, or networks connected to this Jack of Digital Website, through hacking, password mining, or any other means; or
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Jack of Digital Website, including harvesting or otherwise collecting information about others such as email addresses.
You are solely responsible and liable for postings delivered to the Jack of Digital Website using your account. Any violation of these provisions can subject your Jack of Digital account to immediate termination and, possibly, further legal action.
Jack of Digital does not endorse, does not control and is not responsible for any notes, messages, billboard postings, blog entries or other postings, ideas, suggestions, concepts or other material, or files delivered to any Jack of Digital Website by you or other users. Jack of Digital is not obligated to and does not regularly review, monitor, delete, or edit postings. However, Jack of Digital may do so at any time in its sole discretion, for any reason or no reason, and may delete any posting with or without notice. Jack of Digital is not responsible or liable for damages of any kind arising from any postings even when Jack of Digital has been advised of the possibility of such damages, or from Jack of Digital’s deletion of any posting. Nonetheless, Jack of Digital may prevent you from submitting User Content to Forums and to restrict, delete or remove such User Content for any reason at any time. Jack of Digital may terminate your membership or restrict, suspend, or terminate your access to any part of the Services if Jack of Digital determines, in its sole discretion, that you have violated this Agreement or pose a threat to Jack of Digital and/or the users of the Services.
The information and opinions expressed in postings on this Jack of Digital Website are not necessarily those of Jack of Digital or its affiliated or related entities, content providers, advertisers, sponsors, and Jack of Digital makes no representations or warranties regarding that information or those opinions. Jack of Digital does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
Unless otherwise provided, all postings to the Jack of Digital Website automatically and immediately become the property of Jack of Digital without any obligation of confidentiality. Jack of Digital shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that Jack of Digital does not retain ownership of any User Content, then you hereby expressly grant to Jack of Digital a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sublicense or otherwise distribute and display the User Content for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
By submitting any material or photographs to or through this Jack of Digital Website, you are granting permission to have this material posted on this Jack of Digital Website and other Jack of Digital Websites, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. Jack of Digital may remove access to infringing material. Such actions do not affect or modify any other rights Jack of Digital may have under law or contract.
You are solely responsible for the content that you post on or through any of the Services, and any material or information that you transmit to other users and for your interactions with other users. You will not permit any other user of this Jack of Digital Website to access, view, store or reproduce the material for that other user’s personal use and not to restrict or inhibit the use of this Jack of Digital Website by any other person.
You release Jack of Digital, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.
Jack of Digital does not knowingly accept unsolicited submissions including, without limitation, submissions of scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Jack of Digital’s policy is to simply delete any such submission without reading it or forwarding it to other Jack of Digital staff. Therefore, any similarity between an unsolicited submission and any elements in any Jack of Digital creative work including, without limitation, a film, series, story, title or concept would be purely coincidental.
Notwithstanding the forgoing, if unsolicited submissions are sent to Jack of Digital through this Jack of Digital Website, these submissions become the property of Jack of Digital and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as Jack of Digital sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against Jack of Digital, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
Software Available Through Jack of Digital Websites
Any software that is made available to view and/or download in connection with an Service (the “Software”) is owned or controlled by Jack of Digital and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Jack of Digital is not responsible or liable in connection with any Software owned or controlled by third parties, and makes no representation or warranty that the Software is free of defects, bugs, malicious code, adware, spyware, viruses or other harmful conditions.
With respect to the Software, you may not modify, enhance, or otherwise alter in any way any portion of the Software or its underlying technology. This restriction includes disabling or otherwise modifying the Software in a manner that enables users to view the Jack of Digital Website Content without using the Software. Also, you may not embed the Software on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, or encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights or rights of privacy, or is otherwise inappropriate or offensive.
This Jack of Digital Website may enable you to order and receive information and services from businesses that are not owned or operated by Jack of Digital. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Jack of Digital does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Jack of Digital is not a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Service.
Modification/Termination by Jack of Digital
Jack of Digital may, in its sole discretion, modify, suspend, or terminate this Jack of Digital Website and/or any portion thereof, including any Service, and/or your account, password, or use of any Service, or any portion thereof, at any time for any reason with or without notice to you.
Termination of your account for a Service removes your authorization to use the Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, Jack of Digital shall not be liable to you or any third-party for any termination of your access to a Service.
This Jack of Digital Website may offer certain Services having interactive components such as bulletin boards, chat rooms and forums (collectively the “Jack of Digital Interactive Services”).
This Jack of Digital Website may offer certain Jack of Digital Subscription Services such as newsletters (collectively “Jack of Digital Subscription Services”). By registering for a Jack of Digital Subscription Service, you will be subject to any charges and rules set forth in the description of that Jack of Digital Subscription Service.
Some Services accessible through this Jack of Digital Website, including certain Jack of Digital Interactive and Subscription Services (the “Jack of Digital Premium Service”), may be offered to you conditioned on your payment of a fee. By using the Jack of Digital Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that Premium Service as covered in the client contracts.
The specific rules and terms that apply to all contests or sweepstakes conducted by this Jack of Digital Website, can be found at the link for the contest or sweepstakes. Your participation in the contest or sweepstakes is subject to those rules and terms.
Limitations on Liability
In no event shall Jack of Digital, its subsidiaries, affiliates, distributors, suppliers, licensors, directors, officers, employees, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Jack of Digital Website and its contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to use, unauthorized use of, performance or non-performance of the Jack of Digital Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Jack of Digital Website or any information, software, products, services, and related graphics obtained through the Jack of Digital Website; (vi) any transactions entered into through this Jack of Digital Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Jack of Digital Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Jack of Digital Website and Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if Jack of Digital has been advised of the possibility of damages.
You will indemnify, defend, and hold harmless Jack of Digital, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Jack of Digital Website and any related Service and/or software and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any content that you post on this Jack of Digital Website or through the Services causes Jack of Digital to be liable to another. Jack of Digital may take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Jack of Digital in asserting any available defenses.
Accessing materials on this Jack of Digital Website by certain persons in certain countries may not be lawful, and Jack of Digital makes no representation that materials on this Jack of Digital Website are appropriate or available for use in locations in all jurisdictions. If you choose to access this Jack of Digital Website, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
No software or any other materials associated with this Jack of Digital Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under applicable laws. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from an Jack of Digital Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
Although you may use many features of this Jack of Digital Website without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as additional content and updates. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age), or any other information defined as personal data or personally identifiable information under an applicable law (“Personal Data”) You must provide that information in order to receive the benefits of registration or of the special service.
We may use the contact information you give us to better tailor your website experience to your interests, and to send you information about Jack of Digital and its services as well as promotional material on behalf of some of our partners. We use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within the Jack of Digital family in order to enhance your experience on this and other Jack of Digital Websites.
In addition, Jack of Digital collects other non-Personal Data including, aggregate user data and browser type. This data may be used to manage and improved the Services, track usage and for security and monitoring purposes. We may share this information with advertisers or other third parties that are not part of the Jack of Digital family on an aggregate or other basis that does not disclose your identity or contact information.
Online Surveys/Contests and Sweepstakes
From time to time, we may conduct online surveys and contests and sweepstakes. These activities may ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests and sweepstakes to provide you with information about the Jack of Digital family and promotional material on behalf of some of our partners, and to contact you when necessary.
To enhance Jack of Digital’s ability to tailor this Jack of Digital Website to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.
This Jack of Digital Website may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If This Jack of Digital Website offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
We will use the financial information that you provide to charge you for products and services that you request. By giving us your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
You should be aware that Jack of Digital might be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
No third-party licensor shall have any liability for the accuracy or completeness of its materials that appear on this Jack of Digital Website, or any component thereof or for delays, lack of authenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Third-party licensors have exclusive proprietary rights to the information received via its materials that appear on this Jack of Digital Website. You shall not use or permit anyone to use the information provided by such third-party licensor through this Jack of Digital Website for any unlawful or unauthorized purpose. You are not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the third-party licensor of such information. Provision of the information on this Jack of Digital Website is subject to termination if any agreement between a third-party licensor and a provider of information distributed through the Jack of Digital Website is terminated. The third-party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for any decisions based on the information provided hereby.
If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or unenforceable, for any reason, including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Jack of Digital with respect to the use of this Jack of Digital Website and shall not be modified except in writing, signed by an authorized representative of Jack of Digital.
If you have any questions concerning this Agreement, you may send them by email to info@Jackofdigital.com
COPYRIGHT & TRADEMARK NOTICE
Use of Intellectual Property
The Jack of Digital Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, Jack of Digital logos, titles, characters, names, graphics and button icons (collectively the “Intellectual Property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Jack of Digital Intellectual Property is owned or controlled by Jack of Digital or by third parties that have provided material to the Jack of Digital Website.
You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this Jack of Digital Website, in whole or in part, without the express written permission of Jack of Digital.
Other trademarks, service marks, product names and company names or logos appearing on this Jack of Digital Website that are not owned by Jack of Digital may not be used without express permission from their owners.
Additionally, unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this Jack of Digital Website, or frame any page of this Jack of Digital Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the Jack of Digital Website in an email for commercial purposes, without the express written permission of Jack of Digital.
You may inquire about obtaining permission by emailing to email@example.com
Jack of Digital respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (“DMCA”) regarding such rights.
If you believe that your intellectual property has been copied in a way that constitutes copyright infringement, send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to our Designated Agent, who can be reached at firstname.lastname@example.org
Pursuant to 17 U.S.C. §512(c), to be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing 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 Jack of Digital to locate the material.
Information reasonably sufficient to permit Jack of Digital to contact the complaining party, such as an address, telephone number, and, if available, an email address.
A statement that the complaining party has 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.