Johego does not routinely monitor your postings and submissions to the Site but reserves the right to do so. However, in Johego’s efforts to promote good citizenship within the Internet community, if Johego becomes aware of inappropriate use of the Site, Johego will respond in any way that, in its sole discretion, Johego deems appropriate. You acknowledge that Johego will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When requested, Johego will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
You are solely responsible for the photos, profiles (including your name, image, and likeness), submissions, messages, notes, text, information, music, video, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site that you did not create or that you do not have permission to post. You understand and agree that Johego may, but is not obligated to, review the Site and may delete or remove (without notice) any Site content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Johego violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store to the Site or provide to Johego. You agree that under no circumstances will Johego be liable in any way for any loss or damage to any User Content you post, e-mail, or otherwise make available to Johego.
When you post User Content to the Site, you authorize and direct Johego to make such copies thereof as Johego deems necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to Johego an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content. Johego reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content submitted through the Site, provided, however, in the event Johego desires to use or publish any User Content for a purpose other than in connection with the Site, Johego shall obtain consent from the creator of such User Content.
Closing Your Account: You or Johego may terminate your user license and account at any time and for any reason or no reason. Johego may suspend the license to use the Site at any time, with or without cause. Once terminated, Johego may permanently delete your account and all the data associated with it. If you do not log in to your account for 12 or more months, Johego may treat your account as “inactive” and permanently delete the account and all the data associated with it.
Account Disputes: You are responsible for the protection and management of your account. You are responsible for the User Content you post in relation to your account and the Site. Johego will not arbitrate or otherwise determine disputes over who owns an account. You agree that you will not request access to or information about an account that is not yours and you will resolve any account-related disputes directly with any third parties. Johego determines who owns an account based on the payment of fees, identification of user licenses, and the materials submitted through that account.
Indemnification for Unauthorized Activities: Submissions by users and unauthorized use of any materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your User ID and/or password. As such, you shall indemnify, defend and hold harmless Johego and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising directly or indirectly, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your User ID and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
Third Party Interaction and Links to Third Party Websites: In your use of the Site, you may enter into correspondence with or participate in promotions of advertisers or members or sponsors of the Site. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Johego has no liability, obligation or responsibility for any such correspondence, purchase, donation or promotion between you and any such third party including but not limited to any third party credit card processing agency or any third party that accepts credit cards or other types of payments from you.
The information about third party service providers that is presented on or through the Site is made available solely for general information purposes. The Site may be linked to other websites on the World Wide Web that are not under the control of or maintained by Johego. Such information and links do not constitute an endorsement by Johego of any such third parties or their websites. You acknowledge that Johego is providing such information and links to you only as a convenience, and you agree that Johego is not responsible for the information provided about service providers or links displayed on such websites to which you may be linked. Johego does not warrant the accuracy, completeness, or usefulness of the information on sites linked through the Site or the information provided on the Site about service providers, including without limitation the hours of operation, services provided, phone numbers and service eligibility requirements, or insurance requirements of service providers. Johego does not independently verify any information provided by service providers. In the future, Johego may implement systems to mathematically verify users’ experiences with service providers through feedback, and in doing so, Johego will be relying upon the verification of third party users. Your interactions with organizations and/or individuals found on or through the Site, including the payment and delivery of goods or services, or making a donation, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals. Any reliance you place on such information is strictly at your own risk. Johego disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. You agree that Johego shall not be responsible or liable for any loss or damage, including without limitation, personal injury, death, or theft, incurred as a result of your dealings with any third parties. If there is a dispute between participants on the Site, or between users and any third party, you understand and agree that Johego is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release Johego, its agents, employees, affiliates, licensors, business partners, successors and assigns, from any and all liability associated with such dispute.
The Site includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Johego, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Johego. Johego is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
When using information provided on the Site, please be aware of your surroundings. You agree that your use of the Site is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur from using the Site, including use of third party information on the Site whether such use is by a provider of services or a user of a provider’s services. To the extent permitted by applicable law, Johego disclaims all liability related to any property damage, theft, personal injury, or death that may arise from the use of, or content provided on, the Site, including any claims based on the violation of any applicable law, rule, or regulation or your or any third party’s alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more of the content providers or service providers to the Site, you release Johego (and its agents, employees, affiliates, licensors, and business partners) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
No Personal Advice: The information contained in or made available through the Site cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Johego makes no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the Site.
Linking to the Site and Social Media Features: Johego may, now or in the future, allow service providers to establish a link to the Site’s homepage, provided the link is added in a way that is fair and legal and does not damage Johego or the Johego’s reputation or take advantage of the same, but a link must not be established in such a way as to suggest any form of association, approval or endorsement by the Johego without express written consent.
Johego may provide certain social media features that enable a service provider to:
- Link from its own or certain third-party websites to certain content on the Site.
- Send e-mails or other communications with certain content, or links to certain content, on the Site.
- Cause limited portions of content on the Site to be displayed or appear to be displayed on its own or certain third-party websites.
You may use these features solely as they are provided by the Site, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions the Site provides with respect to such features. Subject to the foregoing, a service provider must not:
- Establish a link from any website that is not owned by it.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site other than the homepage.
If you are a service provider, you agree to cooperate with Johego in causing any unauthorized framing or linking immediately to cease. Johego reserves the right to withdraw linking permission without notice. Johego may disable all or any social media features and any links at any time without notice for any or no reason.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon Appstore) (each, an “App Provider”), then you acknowledge and agree that:
- App Provider has no obligation to furnish any maintenance and support services with respect to the App.
- In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Johego.
- App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You must also comply with all applicable third-party terms of service when using the App.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, 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.
Equal Opportunity; Non-Discrimination: Johego is an equal opportunity employer and complies with all applicable federal, state, and local fair employment practices laws. Johego strictly prohibits and does not tolerate discrimination against employees, applicants, or any other covered persons because of race, color, religion, creed, national origin or ancestry, ethnicity, sex (including pregnancy), gender (including gender nonconformity and status as a transgender or transsexual individual), age, physical or mental disability, citizenship, past, current, or prospective service in the uniformed services, genetic information, or any other characteristic protected under applicable federal, state, or local law. All Johego employees, other workers and representatives are prohibited from engaging in unlawful discrimination. This policy applies to all terms and conditions of employment, including, but not limited to, hiring, training, promotion, discipline, compensation, benefits, and termination of employment.
Intellectual Property: By posting User Content, you agree to the following terms:
- Except as provided herein or otherwise agreed upon by the parties, Johego will not have any ownership rights over your User Content. However, Johego needs the following license to maintain the Site and on behalf of Johego’s other users and for Johego. You hereby grant to Johego a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, distribute for use on the Site, and otherwise display the User Content and if applicable trademarks, service marks, slogans, logos, and similar proprietary rights (collectively, the “Trademarks”) in connection with (a) the User Content, (b) Johego’s (and its affiliates’, successors’, and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third-party websites); (ii) allow its users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Content and Trademarks in connection with the Site; and (iii) if applicable, use and publish, and permit others to use and publish, your submissions, Trademarks, names, likenesses, and personal and biographical materials of you and your posts and submissions, in connection with the Site. The foregoing license grant to Johego does not affect your other ownership or license rights in your User Content and submissions, including the right to grant additional licenses for your User Content.
- You are publishing your User Content, and you may be identified publicly by your name, photo or User ID in association with your User Content.
- You grant to each user a non-exclusive license to access your User Content through the Site, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such submissions solely for personal, professional, but non-commercial use.
- You further agree that your User Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Johego all of the license rights granted herein.
- Johego shall have the right to delete, edit, modify, reformat, excerpt, or translate any of your posts, submissions or descriptions thereof.
- All information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which that content originated.
- Johego will not be liable for any errors or omissions in any User Content.
- Johego cannot guarantee the identity of any other users with whom you may interact while using the Site.
- All content you access through the Site is at your own risk and you will be solely responsible for any resulting damage or loss to any party.
In accordance with the Digital Millennium Copyright Act, Johego has adopted a policy of, in appropriate circumstances, terminating user accounts that are repeat infringers of the intellectual property rights of others. Johego also may terminate user accounts even based on a single infringement.
Disclaimer of Warranties: Your use of the Site and the Johego services is at your own risk. The Site may include inaccuracies or errors that may affect the quality of the materials, products, or software offered through the Site. The materials, products and services offered have not been independently verified or authenticated in whole or in part by Johego. Johego has no liability for any faults, errors or omissions in any content or other products offered through the Site, whether provided by Johego or third parties.
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. JOHEGO, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, PRODUCTS, SERVICES, SOFTWARE, OR CONTENT TO THIS SITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. JOHEGO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF JOHEGO HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, JOHEGO DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
NEITHER JOHEGO, NOR ANY OF ITS RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN the Site IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Johego shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to break-down of the World Wide Web or the Site, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other act of God.
Inaccuracies or Errors: The descriptions, materials, user submissions, and other representations of products on or made available through the Site may contain inaccuracies and errors. Johego does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the information provided through the Site may change without notice to you at any time in Johego’s or a third party’s sole discretion.
Local Laws; Export Control: Johego controls and operates the Site from its headquarters in the United States of America and makes no representation that its products and materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on the Site are solely directed to individuals, companies, or other entities located in the United States of America. If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
Electronic Communications: By using the Site and/or the services provided on or through the Site, you consent to receiving electronic communications from Johego. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or services provided on or through the Site. These electronic communications are part of your relationship with Johego. You agree that any notices, agreements, disclosures or other communications that Johego sends to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
WAIVER OF TRIAL BY JURY: TO THE EXTENT ALLOWED BY LAW, YOU AND JOHEGO EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
No Class Actions: TO THE EXTENT ALLOWED BY LAW, YOU AND JOHEGO EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.
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