These terms and conditions ("Terms") govern your access to the information contained on the JumpChat website (the “Website”), use of the JumpChat application program interface(s) (API(s)), sample software code, and other related materials provided or made available by JumpChat (the "Platform") that enable you to implement the JumpChat live video chat platform services offered by JumpChat (the "Service") on one or more website(s), web application(s), or mobile application(s) owned and controlled by you ("Your Product").
“JumpChat”, “we”, “us”, “our”, and similar means JumpChat Inc. as the context requires.
“You” or “your” means you, the person who has downloaded and is using or uses the Platform and Service and is the licensee under these Terms, or the employer or other entity on whose behalf you are acting.
In order to use the Website, Platform, and Services, you are required to accept and to agree to be bound by these Terms. You agree to incorporate these Terms into Your Products and ensure that your customers adhere to these Terms.
We reserve the right to change, modify, or update the Platform at any time, to impose additional restrictions or limitations on the Service (including, without limitation, the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on JumpChat servers on your behalf), or to change, modify or update the fees charged for all or a portion of the Service. You agree that JumpChat has no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. JumpChat may decide what features to include in the Service and whether to make them optional or mandatory. You further acknowledge that JumpChat reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
We also reserve the right to change, modify or update the Terms at any time. If we revise the Terms, we will post the revised Terms on our Website, and you consent to receiving notice of any changes through such posting. If required by law, JumpChat will also provide you notice of changes as provided in Section 17. If you do not agree to the revisions, you must cease to use the Platform and remove the Service from Your Product. Your continued use of the Platform or use of the Service on Your Product after the posting of the revised Terms means that you have accepted the new Terms.
If you are signing up for the Platform and the Service on behalf of a company, you represent that you are duly authorized to represent such company and accept the Terms on behalf of such company. If you are entering into these Terms on behalf of your company, the terms "you" and "your" in these Terms mean your company and all of its employees. If you are entering into these Terms on your own behalf, you agree that you are personally bound by these Terms. In such cases, the terms "you" and "your" mean you.
a) Subject to your compliance with these Terms and with the payment requirements for the Services, JumpChat grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to use the Platform in order to display, interface and implement the Service on Your Product, solely in accordance with the terms and conditions of these Terms. You may not install or use the Platform for any other purpose without JumpChat's prior written consent.
b) You acknowledge that the Platform and the Service are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the United States and other countries and that all ownership and intellectual property rights in the Platform and the Service, including without limitation the trademarks JumpChat and all related trade names, service marks, logos, domain names and the like (“JumpChat”) do and shall, as between you and JumpChat, belong exclusively to JumpChat. Except as expressly provided herein, these Terms grant you no right, title, license, or interest in any intellectual property owned or licensed by JumpChat, including (but not limited to) the Platform, the Service or the JumpChat.
c) You will not sell, transfer, assign, rent, lease, or sublicense JumpChat's code, the Platform, or the Service to anyone.
d) To the extent any features available through the Service are provided by other third parties, JumpChat will make commercially reasonable efforts to communicate any policies, requirements, or guidelines of those third parties to you. You agree to follow those policies, requirements, or guidelines.
a) The Service includes branding for JumpChat. You agree not to remove, obscure, or alter any branding contained in the Service or any notice of any JumpChat. You may not display JumpChat on Your Product (or otherwise) other than (i) through the display of the Service in accordance with the Platform and JumpChat's branding guidelines located at jumpch.at and (ii) solely for the purpose of disclosing that Your Product has implemented the Service in a manner that does not suggest any further relationship or endorsement of Your Product by JumpChat.
b)You may not nor allow any third party to, copy, reverse engineer, decompile or disassemble JumpChat's code, the Platform, or the Service, or build alternative methods to access the Service other than as provided through the Platform (except to the limited extent such restrictions are expressly prohibited by applicable statutory law).
c)You may not sell or otherwise display any advertising, promotion or sponsorship within the Service.
d)Is primarily directed to children aged 13 or under or that has children aged 13 or under as a significant proportion of its users.
e)Promotes, encourages or facilitates any illegal activity, violates the law or violates the rights of any third party (including, without limitation, intellectual property rights, rights of privacy, or rights of personality);
f) Constitutes, promotes or is used for the purpose of dealing in: spyware, adware, or other malicious programs or code; counterfeit goods; items subject to United States embargo; unsolicited mass distribution of email; multi-level marketing proposals; hate materials; hacking/surveillance/interception/descrambling equipment; libelous, defamatory, abusive, harassing or otherwise offensive content; body parts or bodily fluids; stolen products or items used for theft; fireworks, explosives, or hazardous materials; or weapons. If you are unsure whether Your Product meets any description above, please email us at firstname.lastname@example.org so we can discuss whether your proposed use is acceptable.
c) Monitoring and Abuse:JumpChat does not monitor the Service. However, JumpChat will not be responsible for any claim based on any commentary or content posted in the Service by any user or any actions taken by any user of the Service, including any claim that the user content violates any person's rights or is defamatory, libelous or otherwise illegal. You acknowledge that you are solely responsible for monitoring and controlling abusive or inappropriate behavior in the Service in connection with Your Product. You will regularly monitor and respond to reports of abuse, including by terminating user accounts where appropriate. You will also ensure that Your Product that implement the Service is at all times subject to terms and conditions binding on all users that are no less protective of JumpChat and the Platform (and no less restrictive) than these Terms.
d)Recording: You agree to comply, and require that your users comply, with all applicable laws, whether federal, state, local or international, relating to the privacy of communication for all parties to a conversation, including, when required, advising all participants in a recorded video chat that the video chat is being recorded.
e)Content:Post any content that: is unlawful, harassing, tortious, defamatory, pornographic, libelous or invasive of another’s privacy; you do not have a right to transmit under any law or under contractual or fiduciary relationships; poses or creates a privacy or security risk to any person; infringes any intellectual property or other proprietary rights of any party; 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; or in the sole judgment of JumpChat, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose JumpChat or its Platform users to any harm or liability of any type;
You represent and warrant that: (a) you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute any content or data on Your Product or that is used or incorporated with the Service, and that neither Your Product nor any related content violate the rights of any third party (e.g. copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your content or service is made available; (b) you have all necessary rights and authorizations to agree to these Terms and to use the Platform and the Service as contemplated by these Terms; and (c) your agreement and compliance with these Terms and use of the Platform and the Service will not violate any law, regulation or contractual obligation.
JUMPCHAT DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR THE SERVICE COMPLIES WITH ANY LEGAL REQUIREMENTS, IS FREE OF INACCURACIES, ERRORS, BUGS, OR INTERRUPTIONS (INCLUDING WITHOUT LIMITATION SERVICE SUSPENSIONS), OR IS RELIABLE, ACCURATE, COMPLETE, OR OTHERWISE VALID. THE PLATFORM AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND AND JUMPCHAT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGALITY, AVAILABILITY, SECURITY, TITLE AND/OR NON-INFRINGEMENT. YOUR USE OF THE PLATFORM AND THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK.
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