TERMS OF SERVICE
Last Modified: December 3, 2015
Overview and Acceptance of Terms
Jackrabbit Publishing, LLC (“Jackrabbit”) offers to its users a range of services, including site(s), application(s), related features, and content (collectively, the “Service(s)”). By accessing a Jackrabbit Service, downloading a Jackrabbit application or continuing to use any Service, you acknowledge that you have read, understood, and agree to be bound by the following Terms of Service (“TOS”), as well as any other written agreement between us and you. We may update this TOS by posting a new version on our website or application(s), and your continued use of the Service(s) after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by this TOS, you should discontinue use of the Service(s) immediately.
Although we may attempt to notify you when major changes are made to these TOS, you acknowledge and agree that it is your responsibility to review the TOS from time to time and to familiarize yourself with any modifications.
You acknowledge and agree that should Jackrabbit provide the ability to create a user account, you shall have no ownership or other property interest in any account or user profile, and you further acknowledge and agree that all rights in and to any account or user profile are and shall forever be owned and inure to the benefit of Jackrabbit. By registering as a user of the Service, you agree to provide accurate, current and complete information about yourself as prompted (such information being the “Registration Data”) and maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any information that is inaccurate, not current or incomplete, or Jackrabbit has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, Jackrabbit may deny you access to areas requiring registration, at its sole discretion.
Some features of the Service may require registration (“Restricted Areas”). At the time of registration for online account access, you must provide a valid email address. As a result of your registration for the Service, you may receive certain communications from Jackrabbit. You understand and agree that these communications are part of your registration.
You acknowledge, consent and agree that Jackrabbit may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the TOS; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to your requests for customer service; or (v) to protect the rights, property, or personal safety of Jackrabbit, its users and the public.
By using the Services, it is your responsibility to know, understand and abide by our rules of use. These rules are not meant to be exhaustive, and Jackrabbit reserves the right to determine what types of conduct it considers to be inappropriate use of the Service and to take such measures as it sees fit. Jackrabbit reserves the right to add to or amend this list of rules at any time.
You agree that you will not use the Services to:
A. post, email, transmit, upload, or otherwise make available content that harasses, abuses, or threatens other users, that contains profanity, or obscene or otherwise objectionable content, or that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification.
B. stalk or otherwise harass another.
C. post, email, transmit, upload, or otherwise make available content that contains any other party’s intellectual property unless you have the right to do so.
D. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service.
E. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
F. post spam or other advertisements or solicitations, solicit funds, promote commercial entities, or otherwise engage in commercial activity except as explicitly allowed herein.
G. post, email, transmit, upload, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
H. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
I. intentionally or unintentionally violate any applicable local, state, national or international law.
Violation of our rules may result in the removal of your content from the Service and/or the canceling of your account and/or use of the Services.
You understand that all materials submitted by users (“User Materials”), including but not limited to profile information and communications with other users, whether privately transmitted or made publicly available, are the sole responsibility of the person from which such User Materials originated. This means that you, not Jackrabbit, are entirely responsible for all User Materials that you upload, post, share, email, transmit, or otherwise make available via the Service. Under no circumstances will Jackrabbit be liable in any way for any User Materials uploaded, posted, shared, emailed, transmitted or otherwise made available via the Service.
You acknowledge that Jackrabbit may or may not pre-screen User Materials, but that Jackrabbit and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, permanently delete, and/or move any User Materials that are available via the Service. Without limiting the foregoing, Jackrabbit and its designees shall have the right to remove any User Materials that violate the TOS or are otherwise objectionable in Jackrabbit’s sole discretion. You understand that by using the Service, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Materials. You further acknowledge and agree that you will not rely on any content available on or through the Service.
With respect to User Materials you submit or make available on the Service, you grant Jackrabbit an irrevocable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such User Materials (in whole or in part) and to incorporate such User Materials into other works in any format or medium now known or later developed.
Intellectual Property and Use License
Except for any rights specifically enumerated as being licensed to you hereunder, Jackrabbit reserves any and all of its rights to the Jackrabbit Content. “Content” is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service. This includes support forums, message boards, chat, and other original content. Jackrabbit owns, or has a license to, all right, title and interest in the Jackrabbit Content it makes available through the Service. You are only permitted to use the Jackrabbit Content as expressly authorized by Jackrabbit or the specific Content provider.
By use of the Service you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Website, Service or Content in any way inconsistent with the rights of use provided by Jackrabbit herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Jackrabbit; (iii) attempt to access source or object code of the Website or Service, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Service; (v) create code, software or other program that incorporates any elements of the Service; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Service for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Service in any way.
If Jackrabbit provides the ability for you to submit Content to the Service, you acknowledge that you are the owner of any Intellectual Property rights in any such Content that your submit, or have sufficient rights to submit the Content to the Service without infringing any third-party rights. Jackrabbit does not claim any ownership rights in any Content that you may submit or offer through the Service. However, to the extent you submit any Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Jackrabbit to:
use, reproduce, distribute, remove, and analyze any of your Content as Jackrabbit may deem necessary or desirable for any purpose in connection with the operation of the Service, and
copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with Jackrabbit or the Service in any media, and
use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other user in connection with any feature of the Service, and
delete any or all of your Content from the Service, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
enable the Service or users of the Service to share or post your Content on third party sites, such as, without limitation, on social networking sites.
To the extent that you submit, via the Service or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the “Ideas”) for, by way of example and without limitation, any features or functionality for the Service, you agree that such Ideas are non-confidential and non-proprietary, and Jackrabbit shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant Jackrabbit, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any Jackrabbit product or service, without compensation or accounting to you and without further recourse by you.
All title, ownership and intellectual property rights in and to the Service and Content are owned by Jackrabbit or its licensors. You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. In addition, Jackrabbit and other names, logos and marks are the trademarks and service marks of Jackrabbit (the “Jackrabbit Marks”). You agree that you will not display the Jackrabbit Marks, or use the Jackrabbit Marks in any manner, without the prior written permission of Jackrabbit.
By registering for the Service, you acknowledge and agree that the Service is for personal use only. You may copy information from the Service for personal use, such as to view, print, or email the information, but you warrant that you will not, under any other conditions, reproduce, duplicate, copy, sell, trade, resell, modify, distribute, decompile, disassemble, or reverse engineer any portion of the Service.
You agree to indemnify, defend, and hold Jackrabbit and its subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any transaction resulting from use of the Service, your connection to the Service, your violation of these Terms, and/or your violation of any rights of another.
Modification to Service
Jackrabbit reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), including the Restricted Areas, if any, with or without notice. You agree that Jackrabbit shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
You agree that Jackrabbit may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Restricted Areas, if any. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your account(s) may include (a) removal of access to all offerings within the Service’s Restricted Areas, and (b) barring further use of the Service’s Restricted Areas.
Dealings with Advertisers and Other Users
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Service, such as through banner ads or hyperlinks displayed on the Service, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Jackrabbit shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Service.
The Service may provide links to other World Wide Web sites or resources. Because Jackrabbit has no control over such sites and resources, you acknowledge and agree that Jackrabbit is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Jackrabbit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Disclaimer of Warranties
You expressly understand and agree that:
a. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “as available” basis. Jackrabbit expressly 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, accuracy, and non-infringement. Jackrabbit assumes no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content.
b. Any content downloaded or otherwise obtained through the Service is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content.
c. No advice or information, whether oral or written, obtained by you from Jackrabbit or through or from the Service shall create any warranty not expressly stated in the TOS.
Limitation on Liability
YOU UNDERSTAND AND AGREE THAT JACKRABBIT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF JACKRABBIT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, JACKRABBIT’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JACKRABBIT FOR THE SERVICE DURING THE TERM OF YOUR REGISTRATION FOR THE SERVICE.
Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Jackrabbit may provide you with notices, including those regarding changes to the TOS, by email, regular mail, or postings on the Service; provided, however, that this Section places no requirements on Jackrabbit not already expressly set forth herein.
You and Jackrabbit agree that any cause of action or dispute arising out of or related to the Service will be subject to the federal and state courts located in Cook County, Illinois. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. Jackrabbit controls the Service from its offices within the United States of America, and the Service is intended for use only in the United States of America. Jackrabbit does not represent that the materials on this Service are appropriate or made available for use outside of the United States of America.
The TOS and the relationship between you and Jackrabbit shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You hereby specifically acknowledge, agree and consent that you waive your right to a trial, by jury or otherwise, and that you agree that any suit, action, proceeding, dispute, controversy or claim (“Dispute”) arising out of or relating to this TOS or any of the transactions contemplated herein or related to the Service will be dealt with in accordance with the following procedures. All parties shall first attempt to negotiate all Disputes informally for at least thirty (30) days before initiating any legal action. Such informal negotiations shall commence following the receipt of a notice in writing by one of the parties sent to the other. Jackrabbit will send its notice to your billing address, if provided, and email you a copy to the email address you have provided to us, if any. You may send any notice to Jackrabbit to: [insert email address].
Entire Agreement. This TOS constitutes the entire agreement between you and Jackrabbit concerning the subject matter of the TOS and supersedes any prior agreements, oral or written, between you and Jackrabbit.
Waiver and Severability of Terms. The failure of Jackrabbit to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.