Version Date: [01-22-12]
TERMS OF USE AGREEMENT
This Terms of Use Agreement (“Agreement”) constitutes a
legally binding agreement made between you, whether
personally or on behalf of an entity (“user” or
“you”) and Jump Station LLC and its affiliated
companies (collectively, “Company” or “we” or “us”
or “our”), concerning your access to and use of the
Zipper application as well as any other media form
or media channel related or connected thereto
(collectively, the “Application”). The Application
provides a social network focused primarily around
local news, events, and services (“Company
Services”). Operating rules, auction rules,
policies, return policies, price schedules and other
supplemental terms and conditions or documents may
be posted on the Application from time to time, and
these documents are hereby expressly incorporated
into this Agreement by reference. The Company
Services are free of charge, but Company reserves a
right to charge fees for the Company Services upon
prior notice to you.
The Application is hosted in the United States. Company makes
no representation that the Application is
appropriate or available in other locations. The
information provided on the Application is not
intended for distribution to or use by any person or
entity in any jurisdiction or country where such
distribution or use would be contrary to law or
regulation or which would subject Company to any
registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to
access the Application from other locations do so on
their own initiative and are solely responsible for
compliance with local laws, if and to the extent
local laws are applicable.
All users who are minors in the jurisdiction in which they
reside (generally under the age of 18) must have the
permission of, and be directly supervised by, their
parent or guardian to use the Application. If you
are a minor, you must have your parent or guardian
read and agree to this Agreement prior to you using
the Application. Persons under the age of 13 are not
permitted to register for the Application or use the
Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY
ACKNOWLEDGING SUCH ACCEPTANCE DURING THE
REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY
CONTINUING TO USE THE APPLICATION. IF YOU DO NOT
AGREE TO ABIDE BY THIS AGREEMENT, OR TO
MODIFICATIONS THAT COMPANY MAY MAKE TO THIS
AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR
CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR
THE APPLICATION.
USER REPRESENTATIONS
Regarding Your Registration
By using the Company 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;
c. you will keep your password confidential and will be
responsible for all use of your password and
account;
d. you are not a minor in the jurisdiction in which you
reside, or if a minor, you have received parental
permission to use this Application; and
e. your use of the Company Services does not violate any
applicable law or regulation.
You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by
the Application’s registration form and (b) maintain
and promptly update registration data to keep it
true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not
current or incomplete, or Company has reasonable
grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, Company has
the right to suspend or terminate your account and
refuse any and all current or future use of the
Application (or any portion thereof).
We reserve the right to remove or reclaim or change a user
name you select if we determine appropriate in our
discretion, such as when the user name is obscene or
otherwise objectionable or when a trademark owner
complains about a username that does not closely
relate to a user’s actual name.
Regarding Content You Provide
The Application 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 Company and/or to or via
the Application, including, without limitation,
text, writings, photographs, graphics, comments,
suggestions or personally identifiable information
or other material (collectively “Contributions”).
Any Contributions you transmit to Company will be
treated as non-confidential and non-proprietary.
When you create or make available a Contribution,
you thereby represent and warrant that:
a. the creation, distribution, transmission, public display
and performance, accessing, downloading and copying
of your Contribution does not and will not infringe
the proprietary rights, including but not limited to
the copyright, patent, trademark, trade secret or
moral rights of any third party;
b. you are the creator and owner of or have the necessary
licenses, rights, consents, releases and permissions
to use and to authorize Company and the Application
users to use your Contributions as necessary to
exercise the licenses granted by you under this
Agreement;
c. you have the written consent, release, and/or permission
of each and every identifiable individual person in
the Contribution to use the name or likeness of each
and every such identifiable individual person to
enable inclusion and use of the Contribution in the
manner contemplated by this Application;
d. your Contribution does not contain any viruses, worms,
Trojan horses, malicious code or other harmful or
destructive content;
e. your Contribution is not obscene, lewd, lascivious,
filthy, violent, harassing or otherwise
objectionable (as determined by Company), libelous
or slanderous, does not ridicule, mock, disparage,
intimidate or abuse anyone, does not advocate the
violent overthrow of the government of the United
States, does not incite, encourage or threaten
physical harm against another, does not violate any
applicable law, regulation, or rule, and does not
violate the privacy or publicity rights of any third
party;
f. your Contribution does not contain material that
solicits personal information from anyone under 18
or exploit people under the age of 18 in a sexual or
violent manner, and does not violate any federal or
state law concerning child pornography or otherwise
intended to protect the health or wellbeing of
minors;
g. your Contribution does not include any offensive
comments that are connected to race, national
origin, gender, sexual preference or physical
handicap;
h. if your employer has rights to intellectual property you
create, you have either (i) received permission from
your employer to make available the Contribution, or
(ii) secured from your employer a waiver as to all
rights in or to your Contribution;
i. your Contribution does not violate any state or federal
law designed to regulate electronic advertising;
j. your Contribution does not amount to trolling, or the
making of controversial statements for the sole
purpose of generating responses by others;
k. your Contribution does not constitute, contain, install
or attempt to install or promote spyware, malware or
other computer code, whether on Company’s or others’
computers or equipment, designed to enable you or
others to gather information about or monitor the
online or other activities of another party;
l. your Contribution does not inundate the Application
with communications or other traffic suggesting no
serious intent to use the Application for its stated
purpose;
m. your Contribution does not otherwise violate, or link to
material that violates, any provision of this
Agreement or any applicable law or regulation; and
n. your Contribution does not contain pictures, data, audio
or visual files, or any other content that is
excessive in size, as determined by Company in its
sole discretion.
Limitations of Use of Other User’s Information; No Spam
You agree that, with respect to other users’ personal
information that you obtain through the Application
or through any Application-related communication or
any Application-facilitated transaction, we have
granted to you a license to use such information
only for: (a) any Application-related communications
that are not unsolicited commercial messages, (b)
using services offered through the Application, (c)
facilitating a financial transaction between you and
the other user, and (d) any other purpose that a
user expressly agrees to after you tell them the
purpose you would like to use it for. In all cases,
you must give users an opportunity to remove
themselves from your address book or database and a
chance to review what information you have collected
about them. In addition, under no circumstances,
except as defined in this provision, can you
disclose personal information about another user to
any third party without both our consent and the
consent of the other user.
CONTRIBUTION LICENSE
By posting Contributions to any part of the Application, you
automatically grant, and you represent and warrant
that you have the right to grant, to the Company an
unrestricted, unconditional, unlimited, irrevocable,
perpetual, non-exclusive, transferable,
royalty-free, fully-paid, worldwide right and
license to host, use, copy, reproduce, disclose,
sell, resell, publish, broadcast, retitle, archive,
store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or
in part) and distribute such Contributions for any
purpose, commercial, advertising, or otherwise, to
prepare derivative works of, or incorporate into
other works, such Contributions, and to grant and
authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and
through any media channels. Such use and
distribution license will apply to any form, media,
or technology now known or hereafter developed. By
uploading your Contributions, you hereby warrant
that your Contributions are free of any digital
rights management, including any software designed
to limit the number of times the Contributions may
be copied or played. Company may also retain
archived copies of your Contributions. Company does
not assert any ownership over your Contributions;
rather, as between us and you, subject to the rights
granted to us in this Agreement, you retain full
ownership of all of your Contributions and any
intellectual property rights or other proprietary
rights associated with your Contributions.
Notwithstanding the foregoing, distribution and
sharing of your Contributions will be subject to the
privacy settings you select.
Company has the right, in our sole and absolute discretion,
to (i) edit, redact or otherwise change any
Contributions, (ii) re-categorize any Contributions
to place them in more appropriate locations or (iii)
pre-screen or delete any Contributions that are
determined to be inappropriate or otherwise in
violation of this Agreement.
By uploading your Contributions to the Application,
you hereby authorize Company to grant to each end
user a personal, limited, non-transferable,
perpetual, non-exclusive, royalty-free, fully-paid
license to access, download, print and otherwise use
your Contributions for their internal purposes and
not for distribution, transfer, sale or commercial
exploitation of any kind.
SUBMISSIONS
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback or other information
about the Application or the Company Services
(“Submissions”) provided by you to Company are
non-confidential and Company (as well as any
designee of Company) shall be entitled to the
unrestricted use and dissemination of these
Submissions for any purpose, commercial or
otherwise, without acknowledgment or compensation to
you.
PURCHASES
All purchases you make through the Application shall be
subject to purchase terms, conditions and warranties
as indicated by the product manufacture or as
otherwise set forth on the Application.
Company bills you through an online billing account for
purchases of products. You agree to pay Company all
charges at the prices then in effect for the
products you or other persons using your billing
account may purchase, and you authorize Company to
charge your chosen payment provider for any such
purchases. You agree to make payment using that
selected payment method. Company reserves the right
to correct any errors or mistakes in pricing that it
makes even if it has already requested or received
payment. Sales tax will be added to the sales price
of purchases as deemed required by Company.
PROHIBITED ACTIVITIES
You may not access or use the Application for any other
purpose other than that for which Company makes it
available. The Application is for the personal use
of users only and may not be used in connection with
any commercial endeavors except those that are
specifically endorsed or approved by Company.
Prohibited activity includes, but is not limited to:
a. criminal or tortuous activity, including child
pornography, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, stalking,
spamming, copyright infringement, patent
infringement, or theft of trade secrets;
b. advertising to, or solicitation of, any user to buy or
sell any products or services, unless authorized by
Company;
c. systematic retrieval of data or other content from the
Application to create or compile, directly or
indirectly, a collection, compilation, database or
directory without written permission from Company;
d. making any unauthorized use of the Company Services,
including collecting usernames and/or email
addresses of users by electronic or other means for
the purpose of sending unsolicited email, or
creating user accounts by automated means or under
false pretenses;
e. disguising the origin of any information or inquiry
transmitted through the Application or using tools
which anonymize your internet protocol address (e.g.
anonymous proxy) to access the Service;
f. engaging in unlawful multi-level marketing (such as a
pyramid scheme);
g. offering any contest, giveaway or sweepstakes without
Company’s prior written consent;
h. posting anyone’s identification documents or sensitive
financial information, or otherwise revealing 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;
i. engaging in unauthorized framing of or linking to the
Application;
j. transmitting chain letters or junk email to other
users;
k. using any information obtained from the Application in
order to contact, advertise to, solicit, or sell to
any user without their prior explicit consent;
l. tricking, defrauding or misleading Company and other
users, especially in any attempt to learn sensitive
account information such as passwords;
m. making improper use of Company’s support services or
submitting false reports of abuse or misconduct;
n. engaging in any automated use of the system, such as
using scripts to add friends or send comments or
messages, or using any data mining, robots or
similar data gathering and extraction tools;
o. interfering with, disrupting, or creating an undue
burden on the Application or the networks or
services connected to the Application;
p. attempting to impersonate another user or person or
using the username of another user;
q. selling or otherwise transferring your profile;
r. using any information obtained from the Application in
order to harass, abuse, or harm another person;
s. using the Company Service as part of any effort to
compete with Company or to provide services as a
service bureau;
t. deciphering, decompiling, disassembling or reverse
engineering any of the software comprising or in any
way making up a part of the Application;
u. attempting to bypass any measures of the Application
designed to prevent or restrict access to the
Application, or any portion of the Application;
v. harassing, annoying, intimidating or threatening any
Company employees or agents engaged in providing any
portion of the Company Services to you;
w. displaying an advertisement, or accepting payment or
anything of value from a third person in exchange
for your performing any commercial activity on or
through the Application on behalf of that person,
such as posting blogs or bulletins with a commercial
purpose;
x. deleting the copyright or other proprietary rights
notice from any Contribution or Company Content;
y. copying or adapting the Application’s software including
but not limited to Flash, PHP, HTML, JavaScript or
other code;
z. uploading or transmitting (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 Application or modifies,
impairs, disrupts, alters or interferes with the
use, features, functions, operation or maintenance
of the Service;
aa. uploading or transmitting (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”);
bb. except as may be the result of standard search engine or
Internet browser usage, using or launching,
developing or distributing any automated system,
including, without limitation, any spider, robot (or
“bot”), cheat utility, scraper or offline reader
that accesses the Application, or using or launching
any unauthorized script or other software;
cc. engaging in cheating or any other activity deemed by
Company to be in conflict with the spirit or intent
of the Application.
dd. disparaging, tarnishing, or otherwise harming, in
Company’s opinion, Company and/or the Application;
and
ee. using the Application in a manner inconsistent with any
and all applicable laws and regulations.
Non-commercial Use by Users
The Application is for the personal use of individual users
only and may not be used in connection with any
commercial endeavors, unless expressly authorized by
Company. Organizations, companies, and/or businesses
may not become users and should not use the Service
or the Application for any purpose, unless expressly
authorized by Company. Illegal and/or unauthorized
uses of the Application, including collecting
usernames and/or email addresses of users by
electronic or other means for the purpose of sending
unsolicited email and unauthorized framing of or
linking to the Application may be investigated, and
appropriate legal action may be taken, including
without limitation, civil, criminal, and injunctive
redress, in Company’s discretion.
INTELLECTUAL PROPERTY RIGHTS
The content on the Application (“Company Content”) and the
trademarks, service marks and logos contained
therein (“Marks”) are owned by or licensed to
Company, and are subject to copyright and other
intellectual property rights under United States and
foreign laws and international conventions. Company
Content, includes, without limitation, all source
code, databases, functionality, software,
Application designs, audio, video, text, photographs
and graphics. All Company graphics, logos, designs,
page headers, button icons, scripts and service
names are registered trademarks, common law
trademarks or trade dress of Company in the U.S.
and/or other countries. Company’s trademarks and
trade dress may not be used, including as part of
trademarks and/or as part of domain names, in
connection with any product or service in any manner
that is likely to cause confusion and may not be
copied, imitated, or used, in whole or in part,
without the prior written permission of the Company.
Company Content on the Application is provided to you “AS IS”
for your information and personal use only and may
not be used, copied, reproduced, aggregated,
distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written
consent of the respective owners. Systematic
retrieval of data or other content from the
Application to create or compile, directly or
indirectly, a collection, compilation, database or
directory without written permission from Company is
prohibited. Provided that you are eligible to use
the Application, you are granted a limited license
to access and use the Application and the Company
Content and to download or print a copy of any
portion of the Company Content to which you have
properly gained access solely for your personal,
non-commercial use. Company reserves all rights not
expressly granted to you in and to the Application
and Company Content and Marks. If you download or
print a copy of the Company Content for personal
use, you must retain all copyright and other
proprietary notices contained therein. You agree not
to circumvent, disable or otherwise interfere with
security related features of the Application or
features that prevent or restrict use or copying of
any Company Content or enforce limitations on use of
the Application or the Company Content therein. The
use and access rights granted herein do not include
any right to use of data mining, robots, spiders or
similar data gathering and extraction tools without
our prior written permission; provided, however,
that a limited exception from the foregoing
exclusion is provided to general purpose internet
search engines and non-commercial public archives
that use tools to gather information for the sole
purpose of displaying hyperlinks to the Application,
provided they each do so from a stable IP address or
range of IP addresses using an easily identifiable
agent and comply with our robots.txt file. “General
purpose internet search engine” does not include a
Application or search engine or other service that
is competitive with the Application.
SOFTWARE
The Company Services may include software for use in
connection with the Company Services. If such
software is accompanied by an end user license
agreement (“EULA”), the terms of the EULA will
govern your use of the software. If such software is
not accompanied by a EULA, then Company grants to
you a non-exclusive, revocable, personal,
non-transferable license to use such software solely
in connection with the Company Services and in
accordance with these Terms of Use.
THIRD PARTY APPLICATIONS AND CONTENT
The Application contains (or you may be sent through the
Application or the Company Service) links to other
Applications (“Third Party Applications”) as well as
articles, photographs, text, graphics, pictures,
designs, music, sound, video, information,
applications, software and other content or items
belonging to or originating from third parties (the
“Third Party Content”). Such Third Party
Applications and Third Party Content are not
investigated, monitored or checked for accuracy,
appropriateness, or completeness by us, and we are
not responsible for any Third Party Applications
accessed through the Application or any Third Party
Content posted on, available through or installed
from the Application, including the content,
accuracy, offensiveness, opinions, reliability,
privacy practices or other policies of or contained
in the Third Party Applications or the Third Party
Content. Inclusion of, linking to or permitting the
use or installation of any Third Party Application
or any Third Party Content does not imply approval
or endorsement thereof by us. If you decide to leave
the Application and access the Third Party
Applications or to use or install any Third Party
Content, you do so at your own risk and you should
be aware that our terms and policies no longer
govern. You should review the applicable terms and
policies, including privacy and data gathering
practices, of any Application to which you navigate
from the Application or relating to any applications
you use or install from the Application. Any
purchases you make through Third Party Applications
will be through other Applications and from other
companies, and Company takes no responsibility
whatsoever in relation to such purchases which are
exclusively between you and the applicable third
party.
APPLICATION MANAGEMENT
Company reserves the right but does not have the obligation
to:
a. monitor the Application for violations of this
Agreement;
b. take appropriate legal action against anyone who, in
Company’s sole discretion, violates this Agreement,
including without limitation, reporting such user to
law enforcement authorities;
c. in Company’s sole discretion and without limitation,
refuse, restrict access to or availability of, or
disable (to the extent technologically feasible) any
user’s Contribution or any portion thereof that may
violate this Agreement or any Company policy;
d. in Company’s sole discretion and without limitation,
notice or liability to remove from the Application
or otherwise disable all files and content that are
excessive in size or are in any way burdensome to
Company’s systems;
e. terminate the accounts of repeat infringers; and
f. otherwise manage the Application in a manner
designed to protect the rights and property of
Company and others and to facilitate the proper
functioning of the Application.
PRIVACY
We care about the privacy of our users. Please review the
Company Privacy Policy. By using the Services, you
are consenting to have your personal data
transferred to and processed in the United States.
By using the Application or the Company Services,
you are consenting to the terms of Privacy Policy.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while
you use the Application or are otherwise a user or
member of the Application, as applicable. You may
terminate your use or participation at any time, for
any reason, by following the instructions for
terminating user accounts in your account settings.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT,
COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
ACCESS TO AND USE OF THE APPLICATION AND THE COMPANY
SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO
REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT
CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE
LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR
USE OR PARTICIPATION IN THE APPLICATION AND THE
COMPANY SERVICES, DELETE YOUR PROFILE AND ANY
CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY
TIME, WITHOUT WARNING, IN COMPANY’S SOLE DISCRETION.
In order to protect the integrity of the Application and
Company Services, Company reserves the right at any
time in its sole discretion to block certain IP
addresses from accessing the Application Company
Services.
Any provisions of this Agreement that, in order to fulfill
the purposes of such provisions, need to survive the
termination or expiration of this Agreement, shall
be deemed to survive for as long as necessary to
fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS
AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY
TIME PRIOR TO MIDNIGHT OF COMPANY’S THIRD BUSINESS
DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING
SUNDAYS AND HOLIDAYS. TO CANCEL, CALL A COMPANY
CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS
HOURS USING THE CONTACT INFORMATION LISTING BELOW IN
THIS AGREEMENT OR BY ACCESSING YOUR ACCOUNT
SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS
RESIDING IN STATES WITH SUCH LAWS.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to time. Any and
all changes to this Agreement will be posted on the
Application and revisions will be indicated by date.
You agree to be bound to any changes to this
Agreement when you use the Company Services after
any such modification becomes effective. Company may
also, in its discretion, choose to alert all users
with whom it maintains email information of such
modifications by means of an email to their most
recently provided email address. It is therefore
important that you regularly review this Agreement
and keep your contact information current in your
account settings to ensure you are informed of
changes. You agree that you will periodically check
the Application for updates to this Agreement and
you will read the messages we send you to inform you
of any changes. Modifications to this Agreement
shall be upon posting. Additionally, modifications
made to this Agreement applicable to dispute
resolution shall not apply to disputes arising prior
to the effective date of the modification.
To Services
Company reserves the right at any time to modify or
discontinue, temporarily or permanently, the Company
Services (or any part thereof) with or without
notice. You agree that Company shall not be liable
to you or to any third party for any modification,
suspension or discontinuance of the Company
Services.
DISPUTES
Between Users
If there is a dispute between users of the Application, or
between users and any third party, you understand
and agree that Company is under no obligation to
become involved. In the event that you have a
dispute with one or more other users, you hereby
release Company, its officers, employees, agents and
successors in rights from claims, demands and
damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any
way related to such disputes and/or the Company
Services
With Company
All questions of law, rights, and remedies regarding any act,
event or occurrence undertaken pursuant or relating
to this Application or the Company Services shall be
governed and construed by the law of the State of
California, excluding such state’s conflicts of law
rules. Any legal action of whatever nature by or
against Company arising out of or related in any
respect to this Application and the Company Services
shall be brought solely in either the applicable
federal or state courts located in or with
jurisdiction over Monterey County, California;
subject, however, to the right of Company, at the
Company’s sole discretion, to bring an action to
seek injunctive relief to enforce this Agreement or
to stop or prevent an infringement of proprietary or
other third party rights (or any similar cause of
action) in any applicable court in any jurisdiction
where jurisdiction exists with regard to a user. You
hereby consent to (and waive any challenge or
objection to) personal jurisdiction and venue in the
above-referenced courts. Application of the United
Nations Convention on Contracts for the
International Sale of Goods is excluded from this
Agreement. Additionally, application of the Uniform
Computer Information Transaction Act (UCITA) is
excluded from this Agreement. In no event shall any
claim, action or proceeding by you related in any
way to the Application and/or the Company Service
(including your visit to or use of the Application
and/or the Company Service) be instituted more than
two (2) years after the cause of action arose.
CORRECTIONS
Occasionally there may be information on the Application that
contains typographical errors, inaccuracies or
omissions that may relate to service descriptions,
pricing, availability, and various other
information. Company reserves the right to correct
any errors, inaccuracies or omissions and to change
or update the information at any time, without prior
notice.
DISCLAIMERS
Company cannot control the nature of all of the content
available on the Application. By operating the
Application, Company does not represent or imply
that Company endorses any blogs, Contributions or
other content available on or linked to by the
Application, including without limitation content
hosted on third party Applications or provided by
third party applications, or that Company believes
Contributions, blogs or other content to be
accurate, useful or non-harmful. We do not control
and are not responsible for unlawful or otherwise
objectionable content you may encounter on the
Application or in connection with any Contributions.
The Company is not responsible for the conduct,
whether online or offline, of any user of the
Application or Company Services.
YOU AGREE THAT YOUR USE OF THE APPLICATION AND COMPANY
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE APPLICATION AND THE COMPANY SERVICES AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY
MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE APPLICATION’S
CONTENT OR THE CONTENT OF ANY APPLICATIONS LINKED TO
THIS APPLICATION AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF OUR
APPLICATION, (C) ANY UNAUTHORIZED ACCESS TO OR USE
OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (D) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE APPLICATION, (E) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY
THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE APPLICATION. COMPANY DOES NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION
OR ANY HYPERLINKED APPLICATION OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE
A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS
WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE
YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
The Company reserves the right to change any and all content,
software and other items used or contained in the
Application and any Company Services offered through
the Application at any time without notice.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT
DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR
COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID,
IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES
DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF
ACTION ARISING AND $50.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY
TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL
CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR.”
INDEMNITY
You agree to defend, indemnify and hold Company, its
subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless
from and against, any loss, damage, liability,
claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or
arising out of your Contributions, use of the
Company Services, and/or arising from a breach of
this Agreement and/or any breach of your
representations and warranties set forth above.
Notwithstanding the foregoing, Company reserves the
right, at your expense, to assume the exclusive
defense and control of any matter for which you are
required to indemnify Company, and you agree to
cooperate, at your expense, with Company’s defense
of such claims. Company will use reasonable efforts
to notify you of any such claim, action, or
proceeding which is subject to this indemnification
upon becoming aware of it.
SWEEPSTAKES
From time to time, Company may conduct sweepstakes that
entitle the winners to prizes. Each sweepstakes has
its own terms and conditions, set forth in the
official rules for that sweepstakes.
NOTICES
Except as explicitly stated otherwise, any notices given to
Company shall be given by email to support@PrepSportFantasy.com.
Any notices given to you shall be given to the email
address you provided during the registration
process, or such other address as each party may
specify. Notice shall be deemed to be given 24 hours
after the email is sent, unless the sending party is
notified that the email address is invalid. We may
also choose to send notices by regular mail or
discussion forum postings.
U.S. EXPORT CONTROLS
Software from this Application is further subject to United
States export controls. No software may be
downloaded from the Application or otherwise
exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other Country to which the U.S.
has embargoed goods; or (ii) to anyone on the U.S.
Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of
Deny Orders. By downloading or using software, you
represent and warrant that you are not located in,
under the control of, or a national or resident of
any such country or on any such list.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you
and Company regarding the use of the Company
Services. The failure of Company to exercise or
enforce any right or provision of this Agreement
shall not operate as a waiver of such right or
provision. The section titles in this Agreement are
for convenience only and have no legal or
contractual effect. This Agreement operates to the
fullest extent permissible by law. This Agreement
and your account may not be assigned by you without
our express written consent. Company may assign any
or all of its rights and obligations to others at
any time. Company shall not be responsible or liable
for any loss, damage, delay or failure to act caused
by any cause beyond Company’s reasonable control.
If any provision or part of a provision of this
Agreement is unlawful, void or unenforceable, that
provision or part of the provision is deemed
severable from this Agreement and does not affect
the validity and enforceability of any remaining
provisions. Upon Company’s request, you will furnish
Company any documentation, substantiation or
releases necessary to verify your compliance with
this Agreement. You agree that this Agreement will
not be construed against Company by virtue of having
drafted them. You hereby waive any and all defenses
you may have based on the electronic form of this
Agreement and the lack of signing by the parties
hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the Company
Services or to receive further information regarding
use of the Company Services, please contact Company
as set forth below or, if any complaint with us is
not satisfactorily resolved, and you are a
California resident, you can contact the Complaint
Assistance Unit of the Division of Consumer Services
of the Department of Consumer Affairs in writing at
400 “R” Street, Sacramento, California 95814 or by
telephone at 1-916-445-1254.
JumpStation LLC
316 Mid Valley Center #283
Carmel, Ca 93923
Fax: [888/758.2122]
Email: team@thebigzipper.com
