1) ACCESS TO Juggle Jolt
a) Subject to your acceptance and continuing compliance with these Terms, Juggle Jolt grants to you a non-exclusive, non-transferable, personal, revocable limited license to use and display the Service and related software (excluding source or object code) for your personal (or household) non-commercial use by any machine(s) of which you are the primary user. You agree not to use the Service for any other purpose, or to copy or distribute the content of the Service except as specifically allowed in this agreement.
b) Juggle Jolt reserves the right to change these Terms in any way and at any time.
c) We will notify you of any modifications to these Terms by posting any modifications on the Juggle Jolt website or within the Service. You agree that you will 1) periodically check the Service for updates to these Terms, and 2) read messages we send you regarding the service. You agree that you will be considered to have been given notice of any modifications once we post them to the Service and that your continued use of the Service after such notice shall be deemed an acceptance of any changes. If you do not agree to these Terms, as may be amended from time to time in Juggle Jolt’ sole discretion, your only remedy is to discontinue your use of the Service and to cancel your account(s). If you access the Service from a social network or download the Service from any platform or applications stores, such as but not limited to Facebook, you must also comply with its terms of service/use as well as these Terms and you will be responsible for reviewing, understanding, and following all applicable terms of service.
d) Juggle Jolt reserves the right to limit, suspend, modify, delete, or discontinue the Service or to change the content of the Service in any way and at any time, with or without notice to you, without liability and without any obligation to compensate you for any losses.
e) You agree to be bound by any application, forum, or game specific rules, published within the Service.
f) Your use of the Service is conditioned upon your compliance with these Terms. Any use of the Service in violation of these Terms will be regarded as an infringement of Juggle Jolt’ copyrights and other rights in and to the Service. Juggle Jolt may, in its sole discretion, limit, suspend, terminate, modify, or delete accounts or access to the Service without notice if, among other reasons, you violate these Terms. You agree that Juggle Jolt does not have to provide you with any notice before terminating or suspending your account, but it may, in its sole discretion, provide you with notice as a courtesy and without then taking on any additional obligations.
g) You must be 21 or older to use the Service. By using the Service, you certify that you are at least 21 years of age.
h) You are strictly prohibited from permitting any third party to access Juggle Jolt through use of your account.
i) You acknowledge and agree that the games offered by the Juggle Jolt do not offer gambling or an opportunity to win real money or prizes. You also acknowledge that practice or success at social gaming does not imply future success at gambling.
j) You represent and warrant that you have full right and authority to use our website and to be bound by these Terms.
2) OWNERSHIP OF INTELLECTUAL PROPERTY
a) Unless otherwise specified in writing, all materials that are part of the Juggle Jolt are owned, controlled, or licensed by Juggle Jolt, and are protected by law from unauthorized use. The entire contents of the Service are protected by copyright. Juggle Jolt, the Juggle Jolt logos, and all game names are trademarks owned or licensed by Juggle Jolt and may not be used without the express written permission of Juggle Jolt.
b) You do not acquire any ownership rights by using the Service, downloading material from, or uploading material to, the Service, or by purchasing any virtual items.
c) You agree not to copy, redistribute, publish, or otherwise exploit material from the Juggle Jolt, except as expressly permitted herein, without the express prior written permission of Juggle Jolt.
d) All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Juggle Jolt shall be the exclusive property of Juggle Jolt. You agree that unless otherwise prohibited by law, we may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you.
3) VIRTUAL ITEMS
a) We may provide you with an opportunity to obtain a variety of virtual items such as virtual currency (also at times referred to as “virtual coins” or “virtual game coins” or “in-app virtual currency”) and virtual in-game digital items that can be used while playing. You may be required to pay a fee to obtain virtual items. Regardless of the terminology used, virtual items may never be redeemed for “real world” money, goods, or other items of monetary value from Juggle Jolt or any other party.
b) Prices and availability of virtual items are subject to change without notice.
c) You have no property interest in virtual items. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the virtual items in the Service, you have no right or title in or to any such virtual items appearing or originating in the Juggle Jolt.
d) Juggle Jolt has the absolute right to manage, regulate, control, modify, and/or eliminate such virtual items as it sees fit in its sole discretion, and Juggle Jolt shall have no liability to you or anyone for the exercise of such rights.
e) Transfers of virtual items are strictly prohibited. Virtual items may not be transferred, or resold for commercial gain, in any manner including, without limitation, by means of any direct sale or auction service. Virtual items may not be purchased or sold from any individual or other company via cash, barter, or any other transaction. Virtual items have no monetary value and cannot be used to purchase or use products or services other than within the Service. Virtual items cannot be exchanged for cash or any other value. Any attempt to do so is strictly forbidden and in violation of these Terms and may result in a lifetime ban from the Juggle Jolt and possible legal action.
f) You agree that all purchases of virtual items are payable in advance and are final except as otherwise provided in these Terms. No refunds will be given except in our sole and absolute discretion. All virtual items are forfeited if your account is terminated or suspended for any reason, in Juggle Jolt’ sole and absolute discretion, or if Juggle Jolt discontinues providing the Service.
g) Juggle Jolt has no liability for hacking or loss of any virtual items. Juggle Jolt reserves the right, without prior notification, to limit the order quantity of any virtual items and/or to refuse to provide you with any virtual items.
h) You are responsible for all charges incurred, including applicable taxes, and all purchases made through your account. If you cancel your account, Juggle Jolt reserves the right to collect any applicable fees, surcharges, or costs incurred before cancellation. Any delinquent or unpaid accounts must be settled before Juggle Jolt will allow you to register again. Juggle Jolt has total decision-making authority regarding allowing repeat registrations.
i) Juggle Jolt reserves the right to revoke any stated offer and to correct any errors, inaccuracies, or omissions (including after an order was submitted and accepted) in any order, price, advertisement, promotion, or giveaway.
4) USER CONTENT
a) Juggle Jolt may invite you to chat or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Juggle Jolt and/or to or via the Service, including, without limitation, text, writings, photographs, graphics, comments, suggestions, or person information or other material (collectively “User Content”). Any material you transmit to Juggle Jolt will be treated as non-confidential and non-proprietary.
b) You shall be solely responsible for your own User Content and the consequence of submitting and publishing your User Content on the Service.
c) You further affirm, represent, and warrant, that your User Content is wholly original to you, and you exclusively own the rights to your User Content, including the right to grant all of the rights and licenses in these Terms without Juggle Jolt incurring any third-party obligations or liability arising out of its exercise of the rights thereto granted herein by you.
d) You grant to Juggle Jolt the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, fully-paid, and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, resell, sublicense, display, perform, transmit, publish, broadcast, modify, make derivative works from, retitle, reformat, translate, archive, store, cache, or otherwise exploit in any manner whatsoever, all or any portion of your User Content to which you have contributed, for any purpose whatsoever, in any and all formats; on or through any and all media, software, formula, or medium now or hereafter known; and with any technology or devices now known or hereafter developed and to advertise, market, and promote same.
e) Juggle Jolt has no obligation to monitor or enforce any intellectual property rights that may be associated with your User Content, but Juggle Jolt does have the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf.
f) Juggle Jolt has no obligation to accept, display, review, monitor, or maintain any User Content. We have the right to delete User Content from the Service without notice for any reason at any time. Juggle Jolt may move, re-format, edit, alter, distort, remove, or refuse to exploit User Content without notice to you and without liability; provided, however, that Juggle Jolt reserves the right to treat User Content as content stored at the direction of users for which Juggle Jolt will not exercise editorial control except to enforce the rights of third parties and the Content Restrictions set forth below when violations are brought to Juggle Jolt’s attention.
g) You acknowledge that you do not rely on Juggle Jolt to monitor or edit the Service and that the Service may contain content which you find offensive and you hereby waive any objections you might have with respect to viewing such content.
5) POSTING ON OTHER WEBSITES
a) You are granted a limited revocable license to post an image of your personal avatar and / or screen shot from your account and any other materials that Juggle Jolt specifically gives you notice may be posted on other web sites, on your own personal web site or on a third-party web site that permits posting of content at the direction of users provided that such third-party web site (i) is not commercially competitive to Juggle Jolt, (ii) does not criticize or injure Juggle Jolt, (iii) does not obtain any rights to such content other than a non-exclusive license to post it at your direction, and (iv) does not charge for access to such content or associated products, services or advertising with such content, so long as the web site where the link resides, and all other locations to which such site links, comply with all applicable laws and do not in any way abuse, defame, stalk, threaten, or violate the rights of privacy, publicity, intellectual property, or other legal rights of others or, in any way, post, publish, distribute, disseminate, or facilitate any inappropriate, infringing, defamatory, profane, indecent, obscene, illegal/unlawful, or otherwise objectionable information, topic, name, or other material (an “Authorized Web Site”). All of Juggle Jolt’ rights and remedies are expressly reserved, and Juggle Jolt may revoke this limited license, in whole or in part, upon notice.
b) Without limitation, the following terms and conditions apply to your posting of a copy of your avatar and/or screen shots on an Authorized Web Site:
i) You must display a prominent link to the Service’s homepage in connection with any of your uses permitted hereunder, including, without limitation, in e-mails you are sending friends; and
6) USAGE RULES
a) As a condition of your use of and access to the Service, you agree to comply with these Usage Rules, which are provided as an example rather than as an exhaustive list, and any application or game-specific rules published within the Service.
b) You agree that your use of and conduct on the Service shall be lawful and your User Content will not:
i) include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical characteristic;
ii) include profanity or any obscene, indecent, pornographic, sexual, or otherwise objectionable content or language;
iii) defame, libel, ridicule, mock, disparage, threaten, harass, intimidate, or abuse anyone;
iv) promote violence or describe how to perform a violent act;
v) include any comments or materials that promote any activities that may be construed as illegal
vi) violate the contractual, personal, intellectual property or other rights of any party, or promote or constitute illegal activity; or
vii) be in violation of these Terms or the game rules of conduct (collectively, (i) – (vii), the “Content Restrictions”).
c) You and your activities on the Service will not:
i) reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number, or any information that may be used to track, contact, or impersonate that individual;
ii) attempt to impersonate any other party;
iii) create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications;
iv) trick, defraud, or mislead Juggle Jolt and other users, especially in any attempt to learn sensitive information such as passwords or account information;
v) make improper use of Juggle Jolt’ support services or submit false reports of abuse or misconduct;
vi) engage in any commercial activities, including, without limitation, any attempt to raise money for anyone, or advertise or promote a product, service, website, pyramid scheme, or other multi-tiered marketing scheme;
vii) disparage, tarnish, or otherwise harm, in Juggle Jolt’ opinion, Juggle Jolt and / or the Service;
viii) violate these Terms or any local, state, jurisdiction, or federal or international law, rule, or regulation, or any other requirements or restrictions posted by Juggle Jolt on the Service;
ix) disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, or any other malicious or invasive code or program;
x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text) that interferes with any party’s uninterrupted use and enjoyment of the Service and User Content or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service and User Content;
xi) copy or adapt the Service software including but not limited to Flash, PHP, HTML, JavaScript or other code;
xii) reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
xiii) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”);
xiv) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Service, or use or launch any unauthorized script or other software;
xv) cover or obscure any notice, banner, or advertisement on the Service;
xvi) disguise the source of your User Content or other information you submit to the Service or use tools which anonymize your internet protocol address (e.g. anonymous proxy) to access the Service;
xvii) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, collaborative content, or the User Content;
xviii) attempt to sell the Service or any part thereof including but not limited to virtual items, user accounts, or access to either of the foregoing in exchange for real currency or items of monetary value; or
xix) engage in cheating or any other activity deemed by Juggle Jolt to be in conflict with the spirit or intent of the Service.
d) Juggle Jolt does not control or endorse the content, messages, or information found in User Content portions of the Service or external sites that may be linked to or from the games or their forums and, therefore, Juggle Jolt specifically disclaims any responsibility with regard thereto. You agree to indemnify Juggle Jolt and the other Juggle Jolt Parties (as defined in Section 11(a) below) from any liability or damages arising out of or resulting from any content you post or communicate on or through the Service.
7) ACCOUNT RESPONSIBILITY
a) This Service is offered through various social networks. The Service is only available to persons who are registered members of the social network through which they access the game and are in compliance with the policies or terms of use/service of that social network. In creating your account with a social network through which you will access the Service, you agree to:
i) provide true, accurate, current, and complete information about yourself (“Registration Data”); and
ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.
8) DISPUTES WITH OTHERS
a) We reserve the right, but have no obligation, to monitor and / or manage disputes between you and other users of the Service. If you have a dispute with other users, you release Juggle Jolt and the other Juggle Jolt Parties (as defined in Section 11(a) below) and hereby agree to indemnify, defend, and hold Juggle Jolt and the other Juggle Jolt Parties, harmless from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
9) DISCLAIMERS; LIMITATIONS; WAIVERS OF LIABILITY
a) YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER THE LAWS APPLICABLE TO THE TERMS WITH ANY LEGALLY REQUIRED WARRANTY PERIOD TO THE SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED). WITHOUT LIMITING THE FOREGOING, NEITHER Juggle Jolt NOR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, DISTRIBUTORS, LICENSEES OR LICENSORS (INCLUDING, FOR THE AVOIDANCE OF DOUBT, ATI) (COLLECTIVELY, “Juggle Jolt PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
b) TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT, AND THAT THE Juggle Jolt PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND LIABILITY EXCLUSIONS APPLY EVEN IF ANY REMEDY FAILS TO PROVIDE ADEQUATE RECOMPENSE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE Juggle Jolt PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE Juggle Jolt PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Juggle Jolt PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WITHOUT LIMITING THE FOREGOING, THE Juggle Jolt PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION, OF ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE. THE Juggle Jolt PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICE.
c) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE Juggle Jolt PARTIES SHALL NOT BE LIABLE FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OR INABILITY TO USE Juggle Jolt’ CONTENT AND SERVICE INCLUDING, BUT NOT LIMITED TO, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL COMMERCIAL DAMAGES OR LOSSES.
d) UNDER NO CIRCUMSTANCES WILL THE Juggle Jolt PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Juggle Jolt IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
e) IF YOU ARE A RESIDENT OF ANY JURISDICTION WITH LAWS OR REGULATIONS THAT LIMIT THE ABILITY OF PARTIES TO CONTRACTUALLY EXCLUDE, RESTRICT, MODIFY, WAIVE OR LIMIT CERTAIN RIGHTS OR REMEDIES, THIS SECTION 11 DOES NOT EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY RIGHT OR REMEDY THAT CANNOT BE SO EXCLUDED, RESTRICTED, WAIVED, LIMITED, OR MODIFIED.
10) INDEMNIFICATION
a) You agree to defend, indemnify, and hold harmless, the Juggle Jolt Parties from and against all claims and expenses, including attorneys’ fees and costs, arising out of your use of the Service and/or your breach or alleged breach of any term, condition, obligation, representation, or warranty in these Terms. You agree that the provisions in this paragraph will survive any termination of your Account(s) or the Service. Juggle Jolt reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11) WAIVER/SEVERABILITY
a) The failure of Juggle Jolt to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of Juggle Jolt’ right to assert or rely upon any such provision or right in that or any other instance.
b) You and Juggle Jolt agree that if any portion of these Terms is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.