Terms of Use

Your Content

Some of our Services allow you to store or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.

• a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. Justin for Philly cannot be held responsible for Your Content or the material others upload, store or share using the Services.
• b. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve Justin for Philly products and services, you grant to Justin for Philly a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files, to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.

Code of Conduct

• • a. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:

• • • i. Don’t do anything illegal.
    • ii. Don’t engage in any activity that exploits, harms, or threatens to harm children.
    • iii. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
    • iv. Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
    • v. Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
    • vi. Don’t circumvent any restrictions on access to or availability of the Services.
    • vii. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
    • viii. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted material, resale or other distribution of maps, or photographs).
    • ix. Don’t engage in activity that violates the privacy of others.
    • x. Don’t help others break these rules.

• b. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Justin for Philly account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, Justin for Philly reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.

Using the Services & Support

• • a. Justin for Philly account. You’ll need a Justin for Philly account to access many of the Services. Your Justin for Philly account lets you sign in to products, websites and services provided by Justin for Philly and some Justin for Philly partners.

• • • i. Creating an Account. You can create a Justin for Philly account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Justin for Philly account.
    • ii. Account Use. You must use your Justin for Philly account to keep it active. This means you must sign in at least once in a three-year period to keep your Justin for Philly account, and associated Services, active, unless provided otherwise in an offer for a paid portion of the Services. If you don’t sign in during this time, we will assume your Justin for Philly account is inactive and will close it for you. If we reasonably suspect that your Justin for Philly account is being used by a third party fraudulently (for example, as a result of an account compromise), Justin for Philly may suspend your account until you can reclaim ownership.
    • iii. Kids and Accounts. By using the Services, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms. If you do not know whether you have reached the age of majority where you live, or do not understand this section, please ask your parent or legal guardian for help and consent before you create a Justin for Philly account. If you are the parent or legal guardian of a minor who creates a Justin for Philly account, you and the minor accept and agree to be bound by these Terms and are responsible for all use of the Justin for Philly account or Services, including purchases, whether the minor’s account is now open or created later.

• b. Ending your Services. If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your Service or will otherwise disassociate it from you and your Justin for Philly account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you). As a result you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services). You should have a regular backup plan. Third, you may lose access to products you’ve acquired. If you have canceled your Justin for Philly account and have no other account able to access the Services your Services may be canceled immediately.

Service Availability

• a. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your Justin for Philly account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
• b. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and Justin for Philly is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content and Data that you store on the Services or store using Third-Party Apps and Services.

Updates to the Services or Software, and Changes to These Terms

• a. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Justin for Philly account and, if you are a parent or guardian, help your minor child close his or her Justin for Philly account.
• b. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(k)), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

Warranties

Justin for Philly, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. Justin for Philly DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.

Limitation of Liability

If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from Justin for Philly or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.

Digital Goods

Through any other related and future services, Justin for Philly may enable you to obtain, listen to, view, play or read (as the case may be) music, images, video, text, books, games or other material (“Digital Goods”) that you may get in digital form. The Digital Goods are only for your personal, noncommercial entertainment use. You agree not to redistribute, broadcast, publicly perform or publicly display or transfer any copies of the Digital Goods. Digital Goods may be owned by Justin for Philly or by third parties. In all circumstances, you understand and acknowledge that your rights with respect to Digital Goods are limited by these Terms. You agree that you will not attempt to modify any Digital Goods obtained through any of the Services for any reason whatsoever, including for the purpose of disguising or changing ownership or source of the Digital Goods. Fast Justin for Philly or the owners of the Digital Goods may, from time to time, remove Digital Goods from the Services without notice.

Reservation of Rights and Feedback

Except as expressly provided under these Terms, Justin for Philly does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by Justin for Philly or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to Justin for Philly any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback”), you give to Justin for Philly, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires Justin for Philly to license its software, technologies or documentation to any third party because Justin for Philly includes your Feedback in them.

Copyright and trademark notices. The Services are copyright © Justin for Philly Corporation and/or its suppliers. All rights reserved. Justin for Philly and the names, logos, and icons of all Justin for Philly products, software, and services may be either trademarks or registered trademarks of Justin for Philly in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved.