PLEASE READ THIS DOCUMENT CAREFULLY.

 

IF YOU USE JBOLT, YOU AGREE TO THIS TERMS OF SERVICE AGREEMENT.

 

This agreement can also be found on http://JBolt.org/terms-of-service/

 

Woodmere Asset Management, Inc. (“JBolt,” “WAM”, “JBolt App, “we,” or “us”) operates the JBolt mobile app and related website (“JBolt.org”). By using JBolt in any way, you accept these Terms of Service (“Agreement”). If you do not wish to be bound by this Agreement, do not use JBolt.

 

Terms of Service Contents

1.      Who May Use JBolt?

2.      License to Use JBolt

3.      Privacy

4.      Registration

5.      Term and Termination; Account Deletion

6.      Disclaimers; Limitation of Liability

7.      Code of Conduct; Prohibited Activities

8.      Content Restrictions

9.      Licenses Granted by You

10.  Your Representations and Warranties

11.  Indemnification

12.  Third Party Copyrights and Other Rights

13.  General Provisions

 

1.      Who May Use JBolt?

You must be at least 18 years old to use JBolt. Use is void where prohibited. By using JBolt, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you use JBolt, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

 

2.      License to Use JBolt

WAM grants you a limited, non-exclusive license to access and use JBolt for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else.

 

Except as expressly permitted by WAM in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble JBolt, nor will you take any measures to interfere with or damage JBolt. All rights not expressly granted by WAM, are reserved.

 

  1. Privacy

Your privacy rights are set forth in our Privacy Policy which forms a part of this Agreement. Please review the Privacy Policy to learn about:

a.       What information we may collect about you

b.      What we use that information for

c.       What third-party information, if any, you are agreeing to share by using JBolt; and

d.      With whom we share that information

 

4.      Registration

To use JBolt, you must register an account through your Facebook login (or through registering with one of our partner sites), meaning you are authorizing us to access certain information in your Facebook account, including information about Facebook friends you might share in common with other JBolt users. By allowing us to access your Facebook account, you expressly acknowledge and agree that we may obtain and share your name and a profile picture, as well as the name and profile picture of your Facebook friends who are common Facebook friends with other JBolt users in your network or your general area. Please take precautions to protect your password and contact us if you believe that your account has been accessed by an unauthorized person.

 

  1. Term and Termination; Account Deletion

This Agreement begins on the date you first use JBolt and continues until terminated in accordance with the provisions hereof.

 

WAM may suspend, disable, or delete your account (or any part thereof) if WAM determines that you have violated any provision of this Agreement or that your conduct or content would tend to damage WAM’s reputation or goodwill. If WAM deletes your account for the foregoing reasons, you may not re-register under a different name.

 

Upon termination, all licenses granted by WAM will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. WAM shall not be responsible for the loss of such content.

 

  1. Disclaimers; Limitation of Liability

 

    1. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER JBOLT USERS. YOU UNDERSTAND THAT WAM CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WAM ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. WAM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USER. WAM RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.

 

 

    1. IN NO EVENT SHALL WAM BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EMEPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE JBOLT SERVICE OR PERSONS YOU MEET THROUGH JBOLT. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

 

    1. WAM reserves the right to modify JBolt. You are responsible for providing your own access to JBolt. WAM has no obligation to screen or monitor any content and does not guarantee that any content available on JBolt complies with this Agreement or is suitable for all users.

 

    1. WAM provides JBolt on an “as is” and “as available” basis. You therefore use JBolt at your own risk. WAM expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, WAM makes no representations or warranties:

 

                                                              i.      That JBolt will be permitted in your jurisdiction;

                                                            ii.      That JBolt will be uninterrupted or error-free;

                                                          iii.      Concerning any content submitted by any user;

                                                          iv.      Concerning any third party’s use of content that you submit;

                                                             v.      That any content you submit will be made available on JBolt or will be stored by WAM;

                                                          vi.      That WAM will continue to support any particular feature of JBolt;

                                                        vii.      Concerning sites and resources outside of JBolt, even if linked to from JBolt.

 

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used JBolt, and no warranties shall apply after such period.

 

7.      Code of Conduct; Prohibited Activities

In using JBolt, you must behave in a civil and respectful manner at all times. Further, you will not:

1.      Harass or stalk any other person;

2.      Harm or exploit minors;

3.      Act in a deceptive manner by, among other things, impersonating any person;

4.      Collect information about others;

5.      You will not express or imply that any statements you make are endorsed by WAM, JBolt or members of the JBolt team (matchmakers or staff) without our specific prior written consent.

6.      You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

7.      You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.

8.      You will not interfere with or disrupt the services or the site or the servers or networks connected to the services or the site.

9.      You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

 

WAM has the right, but not the obligation, to monitor all conduct on and content submitted to JBolt.

 

8.      Content Restrictions

You are solely responsible for the content that you publish or display (hereinafter, “post”) on the Service, or transmit to other Members. You will ABSOLUTELY NOT, UNDER ANY CIRCUMSTANCES WHATSOEVER, post on the service, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or ill material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to WAM or to any other user. If information provided to WAM, or another user, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change. The following is a partial list of content you may not upload, post, or transmit (collectively, “submit”):

a.       is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

b.      harasses or advocates harassment of another person;

c.       promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

d.      provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;

e.       contains sexually explicit content;

f.        provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

g.       involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;

h.      promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;

i.        solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

j.         engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

k.      infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);

 

Your use of the Service, including but not limited to the content you post on the service, must be in accordance with any and all applicable laws and regulations. You may not include in your user profile any telephone numbers, street addresses, last names, URLs or email addresses.

 

9.      Licenses Granted by You

You grant WAM and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content. You further grant all users of JBolt permission to view your content for their personal, non-commercial purposes. If you make suggestions to WAM on improving or adding new features to JBolt, WAM shall have the right to use your suggestions without any compensation to you.

 

  1.  Your Representations and Warranties

For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to WAM and grant the licenses set forth above; (ii) WAM will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.

 

  1.  Indemnification

You will indemnify, defend, and hold harmless WAM and its affiliates, directors, officers, employees, and agents, from and against all third party actions that: (i) arise from your activities on JBolt; (ii) assert a violation by you of any term of this Agreement; or (iii) assert that any content you submitted to JBolt violates any law or infringes any third party right, including any intellectual property or privacy right.

 

  1. Third Party Copyrights and Other Rights Copyright Policy

WAM respects the intellectual property of others, and we ask our users to do the same. Each user is responsible for ensuring that the materials they upload to JBolt do not infringe any third party copyright.

 

WAM will promptly remove materials in accordance with the Digital Millennium Copyright Act (“DMCA”) if properly notified that the materials infringe a third party’s copyright. In addition, WAM may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.

 

DMCA Takedown Notice

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:

 

    1. Your name, address, telephone number, and email address (if any).

 

    1. A description of the copyrighted work that you claim has been infringed.

 

    1. A description of where the material that you claim is infringing is located on JBolt, sufficient for WAM to locate the material.

 

    1. A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.

 

    1. A statement by you that the information in your notice is accurate and, UNDER PENALTY OF PERJURY, you are the copyright owner or authorized to act on the copyright owner's behalf.

 

    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

 

You may submit this information via email at dmca@JBolt.org.

 

DMCA Counter-notification

If you believe that your material has been removed by mistake or misidentification, please provide WAM with a written counter-notification containing the following information:

 

 

 

 

 

 

You may submit this information via email to dmca@JBolt.org.

 

Please note that we will provide complete counter-notifications to the person making the DMCA claim. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore the disabled materials. Until that time, your materials will remain disabled.

 

Warning In filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If we request additional information necessary to make DMCA your notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of the requirements, your notification or counter-notification may not be processed.

In addition, please make sure that all of the information you provide is accurate.

 

UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY.

 

If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information.

 

You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to WAM:


Woodmere Asset Management, Inc.

84-17 Midland Parkway

Jamaica, NY 11432

 

  1.  General Provisions

GOVERNING LAW: This Agreement shall be governed by the laws of the State of New York, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply.

 

DISPUTES: Any action arising out of or relating to this Agreement or your use of JBolt must be commenced in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts). In any such action, WAM and you irrevocably waive any right to a trial by jury.

 

INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and shall not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, then that term will be severed from this Agreement. No failure or delay by WAM in exercising any right hereunder will waive any further exercise of that right. WAM’s rights and remedies hereunder are cumulative and not exclusive.

 

SUCCESSORS; ASSIGNMENT; NO THIRD PARTY BENEFICIARIES: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without WAM’s prior written consent. No third party shall have any rights hereunder.

 

NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from WAM electronically. WAM may provide all such communications by email or by posting them on JBolt. Support-related inquiries or notices of a legal nature (such as a subpoena) may be sent to us at support@jbolt.org or at the following address:

 

Woodmere Asset Management, Inc.

84-17 Midland Parkway

Jamaica, NY 11432

 

Nothing herein shall limit WAM’s right to object to subpoenas, claims, or other demands.

 

MODIFICATION; ENTIRE AGREEMENT:

This Agreement may not be modified except by a revised Terms of Service posted by WAM on JBolt or a written amendment signed by an authorized representative of WAM. A revised Terms of Service will be effective as of the date it is posted. This Agreement constitutes the entire understanding between WAM and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same.

 

 

1. This is a legal Agreement between you and WAM outlining the terms that regulate your usage of the Wanna Hang app (hereinafter referred to as the “app”). This Agreement, our Privacy Policy, additional software licenses, additional terms and updates, and any other policies implemented by WAM combined constitute the Agreement between you and WAM. This EULA is concluded between WAM and you, the end-user only, and not with Apple, and WAM, not Apple, is solely responsible for the Licensed Application and the content thereof.

 

2. Using Wanna Hang means you agree to this Terms of Service Agreement: If you use the app, you agree to this EULA and the terms of this Privacy Policy without exception. Be sure to read this document in its entirety. If you do not agree to all the terms and conditions of this EULA, do not use this app.

 

3. Subject to the terms of this EULA, upon downloading the app from the App Store, WAM grants you a limited, non-transferrable, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable license to download and install the WAM Application on any iOS device that you own or control as permitted in the rules set forth in this EULA.

 

4. This license does not permit you to use, download or install the app on any device you do not own or control. If this license is less restrictive than the Agreement between you and your manufacturer or carrier, the terms of the carrier or manufacturer take precedence. You may not rent, lease, lend, sell, redistribute, sublicense, modify, decompile, reverse engineer, disassemble, create derivative works or attempt to derive the source code of Wanna Hang or any part beyond what is permitted by law. Any attempt at any of the aforementioned acts is a violation of WAM’s rights and the rights of its licensors. A breach of these rights may subject you to prosecution. The terms of this EULA also govern any updates made by WAM to this app.

 

5. Use of the app requires a user account. This account is created upon initial use of the app. WAM retains the right to remove the account and any data stored therein at any time for any reason to the extent that it is permitted by law to do so. WAM retains the right to access your account for support and/or maintenance at any time. You are responsible for backing up and securing any data on your device. WAM is not responsible for any loss of data or information due to device loss, data loss, system malfunction or application malfunction.

 

6. By using the app and, thus, consenting to this Agreement and its terms, you agree that you will not take part in or encourage any of the following:

 

- The use of this app by any person under 18 years of age

- The solicitation of a minor through this app

- Any unwanted solicitation through this app

- Any sexually explicit materials through this app

- Any objectionable content through this app

- Use of excessive profanity through this app

- Use of targeted, sexualized language through this app

- Abusive or harassing behavior toward users through this app

- Use of this app while operating a motor vehicle

- Use of this app to facilitate or engage in criminal activity

- Fraudulent impersonation of another user or individual through this app

- Attempts to reverse engineer this app

- Any other violations of this Agreement or WAM’s privacy policy

 

7. You agree to act in strict accordance with WAM’s Privacy Policy and any applicable laws governing your state, region, city or other governmental area. Any violations of your responsibilities will result in the removal of your account. WAM reserves the right to terminate any account for any reason at any time. We have a strict no-tolerance policy against the use of any objectionable content and/or use of this app.

 

8. You agree that the use of this app is at your own risk and that WAM is not responsible for any injury or economic damage from usage of this app. WAM applications are available “as is” with all faults and without warranty. WAM does not warrant that services will be uninterrupted or error-free. You agree to act in strict accordance with all parts of WAM’s Privacy Policy. Violations of that policy may result in the termination of your account without the promise of notification. You understand and agree that WAM applications are not to be used while operating a motor vehicle or for any operation where harm or economic damage could occur. WAM is not responsible for any harms or losses.

 

9. Maintenance and Support: WAM is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in this EULA, or as required under applicable law. You and WAM acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

 

10. Warranty: WAM is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the end-user may notify Apple, and Apple will refund the purchase price for the Licensed Application to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be your sole responsibility.

 

11. Product Claims: You and WAM acknowledge that WAM, not Apple, is responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

12. Intellectual Property Rights: You and WAM acknowledge that, in the event of any third party claim that the Licensed Application or the end-user’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, WAM, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

 

13. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

14. Developer Name and Address: With any questions, complaints or claims with respect to the Licensed Application, please contact Woodmere Asset Management, Inc., Legal Department, 84-17 Midland Parkway, Jamaica, NY 11432 or by email at privacy@jbolt.org.

 

15. Third Party Beneficiary: You and WAM acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon the end-user’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the end-user as a third party beneficiary thereof.