Terms

Updated: May 9, 2014

Welcome to GetJar, a service that allows you to download and review mobile applications and distribute your own mobile applications to others. By registering with Spigot Inc. ("we," "us," or "our") or using our web site at www.getjar.mobi or the mobile version of the web site (together, "GetJar Site"), downloading from or uploading an application on the GetJar Site, or posting comments or reviews on the GetJar Site, (1) you represent and warrant that you are thirteen (13) years of age or older and (2) you agree to be bound by these terms of use ("Terms").

Certain Definitions

"GetJar Services" means all services and resources made available or enabled through the GetJar Site or by Spigot Inc., including download areas, developer tools services, product, review, and other information services, and communications services such as e-mail, blogs, and other message or communication facilities, but excluding Third Party Services and Your Services.

"GetJar Materials" means Materials made available or enabled through the GetJar Site or by GetJar but excluding Third Party Materials and Your Materials.

"Materials" means all communications, content, data, documents, files, images, information, music, software, sound, suggestions and feedback, text, tools, videos, webcasts, and works of authorship.

"Your Materials" means Materials posted on the GetJar Site by you; "Your Sites" means web sites and pages owned or operated by you; and "Your Services" means all services and resources made available or enabled through any of Your Sites.

GetJar Site, GetJar Services and GetJar Materials

You may use the GetJar Site, GetJar Services, and GetJar Materials only in accordance with these Terms. To access and use certain GetJar Services, you may be required to agree to certain additional terms and conditions. For example, each of the following GetJar Services requires agreement to the terms and conditions identified below, and those terms and conditions will become a part of these Terms on the date you access such GetJar Service:

GetJar Services for Developers: Developers Addendum

We exclusively own the GetJar Site, GetJar Services, and all GetJar Materials. Except as authorized by us in writing, you agree not to modify, rent, lease, loan, sell, distribute, exploit for any commercial purposes, or create derivative works based on, the GetJar Site, GetJar Services, or GetJar Materials, in whole or in part.

Your Materials, Your Sites and Your Services

We do not claim any ownership rights in any of Your Materials. After posting Your Materials, you continue to retain all ownership rights in Your Materials, and you continue to have the right to use and license Your Materials separate from the GetJar Site in any way you choose. You hereby grant to us a worldwide, perpetual, and irrevocable, freely-transferable, fully-paid, and royalty-free license to use, reproduce, distribute, create derivative works of, transmit, display, perform, and exploit in any manner any and all of Your Materials that you provide to us or upload or transmit to or through the GetJar Site. This license does not apply to any mobile applications that you license to us under the terms of the Developers Addendum.

Your Conduct

You may not access or use the GetJar Site or access or use any Materials, services or sites available on or accessible through the GetJar Site, to do any of the following:

  • collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others;
  • use or attempt to gain access to or use another's account, password, GetJar Service, Materials or computer systems or networks connected to any GetJar server or to the GetJar Site without authorization from GetJar, whether through hacking, password mining or any other means;
  • remove from any Materials posted on the GetJar Site or falsely add to any Materials uploaded to the GetJar Site, any copyright, trademark or other legal or proprietary rights notices, author attributions or other information such as origin or source of such Materials;
  • access or attempt to access any Materials on the GetJar Site that you are not authorized to access or any Materials through any means not intentionally made available through the GetJar Site or GetJar Services;
  • make available any files containing GetJar Materials or Third Party Materials where you have not received the necessary licenses to, or all rights (including all intellectual property rights) in and to such GetJar Materials or Third Party Materials, as applicable;
  • use any Materials posted on the GetJar Site in any manner that violates or infringes any rights (including any intellectual property rights) of any other person;
  • disrupt or interfere with the security of, or otherwise cause harm to, the GetJar Site, or any services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the GetJar Site or any linked sites;
  • transmit unsolicited or bulk communications to any GetJar account holder or to any getjar.mobi or affiliated e-mail address or use the GetJar Site as a return address for unsolicited commercial mail originating elsewhere;
  • post or otherwise submit any software, programs or files that are harmful or disruptive of another's equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms;
  • create a false identity for the purpose of misleading others;
  • download any Third Party Materials posted on the GetJar Site that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner;
  • disrupt, interfere or inhibit any other user from using and enjoying the GetJar Site, any Materials or services accessible through the GetJar Site, or Third Party Sites linked from the GetJar Site;
  • breach any license terms, guidelines or other codes of conduct applicable to a particular Material or service accessible through the GetJar Site or a particular Third Party Site linked from the GetJar Site;
  • violate any applicable laws or regulations related to the access to or use of the GetJar Site, or engage in any activity prohibited by these Terms;
  • post or otherwise submit any topic, name, Material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable;
  • prepare, compile, use, download or otherwise copy any GetJar Site user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party;
  • violate the rights of GetJar or any third party (including other users' rights) or abuse, defame, harass, stalk or threaten another; or
  • use any GetJar domain name as a pseudonymous return e-mail address;
  • gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, lottery tickets, other ventures that facilitate gambling games of skill (whether or not it is legally defined as a lottery) and sweepstakes unless the operator has obtained prior approval from GetJar and the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.

Third Party Materials, Third Party Sites and Third Party Services

Certain Materials from third parties (including other users) ("Third Party Materials") may be downloaded from or displayed on the GetJar Site. Links to certain sites and services from third parties ("Third Party Sites" and "Third Party Services," respectively) may be provided on the GetJar Site. We do not investigate, monitor, or review any of these Materials, sites, or services, and we are not responsible for any of them or any terms and conditions that may apply to them. If we include, link to, or permit use of any of these third party Materials, sites, or services, that does not imply approval or endorsement by us, and if you decide to install or use any of them, you do so at your own risk.

Your communications or dealings with third parties (including advertisers and providers of mobile applications) found on the GetJar Site or through the GetJar Services, including delivery of related goods or services, and any terms and conditions associated with those dealings, are solely between you and the third party. You agree that GetJar is not responsible or liable for any loss or damage of any kind incurred as a result of any of those communications or dealings or as a result of the presence of any third party on the GetJar Site.

You should be aware that certain Materials presented to you on the GetJar Site, including but not limited to advertisements and sponsored content within Third Party Materials, Third Party Sites, and Third Party Services, may be protected by intellectual property rights which are owned by the developers, sponsors or advertisers who provide those Materials, or access to those Materials, to GetJar (or owned by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy, decompile, reverse engineer, or create derivative works based on such Materials (either in whole or in part), including but not limited to any such Materials downloaded by you, unless you have been specifically told that you may do so by GetJar or by the owners of those Materials, in a separate written agreement. In addition to these Terms, you agree to comply with any license or other restrictions imposed by the third-party provider of Materials, sites, or services that you download or access from the GetJar Site.

Account, Password and Security

To access or use certain GetJar Services you may be required to register and obtain an account on the GetJar Site. You will receive (or choose) a password upon completing any such registration process. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to (1) immediately notify us of any unauthorized use of your account or any other breach of security and (2) ensure that you fully exit from your account at the end of each session. We will not be liable (to you or any third party) for any loss or damage arising from or related to the unauthorized use of your account (unless such use is directly caused by our gross negligence).

Privacy Policy

Our Privacy Policy describes our data practices and is a part of these Terms.

Compliance with Law

You agree to comply with (1) all applicable laws regarding your online conduct and Your Materials and (2) all applicable laws regarding the transmission of technical data exported from the United States or the country where you reside (or the country of which you are a national).

Indemnity

You agree to indemnify and hold harmless us and our Affiliates and partners, and ours and their officers, employees and agents, and other users, from and against any and all loss, cost (including reasonable attorneys' fees), liability, damage, and expense arising from or relating to any claim or demand made by any third party arising out of or related to your use of the GetJar Site, or any Materials, services, or sites, available on or accessible through the GetJar Site, your connection to the GetJar Site, Your Materials, Your Sites, Your Services, your violation of these Terms, or your violation of any rights of a third party. "Affiliates" are parent companies, subsidiaries, joint ventures, or other companies under common control.

Modification and Termination

You agree that we may, in our sole discretion, terminate your access to or use of the GetJar Site or any Materials, services, or sites, available on or accessible through the GetJar Site (including your account (if any) or any portion of your account (including your password)), and remove and delete any of Your Materials or any links to Your Sites or Your Services within the GetJar Site, for any reason or no reason. GetJar may also in its sole discretion and at any time modify or discontinue providing, temporarily or permanently, the GetJar Site or any Materials, services, or sites, available on or accessible through the GetJar Site, or any parts of the foregoing, with or without notice.

You agree that GetJar will not be liable to you or any third party for any such modification or termination of the GetJar Site or any Materials, services, or sites, available on or accessible through the GetJar Site, or removal or deletion of Your Materials or any links to Your Sites or Your Services within the GetJar Site.

Disclaimer of Warranties

YOUR USE OF THE GETJAR SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE GETJAR SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GETJAR AND EACH USER EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER GETJAR NOR ANY USER MAKES ANY WARRANTY THAT THE GETJAR SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE, WILL (1) MEET YOUR REQUIREMENTS, (2) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (3) HAVE ANY ERRORS CORRECTED. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO ANY GETJAR SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DOWNLOAD.

Limitation of Liability

IN NO EVENT SHALL GETJAR BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE GREATER OF (1) THE AMOUNTS ACTUALLY PAID BY YOU FOR THE APPLICABLE GETJAR MATERIALS OR GETJAR SERVICE AND (2) FIFTY U.S. DOLLARS (50 USD).

IN NO EVENT SHALL GETJAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GETJAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATED TO THE GETJAR SITE AND ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE, INCLUDING: (1) THE USE OR THE INABILITY TO USE THE GETJAR SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE; (2) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MATERIALS BY ANY THIRD PARTY (INCLUDING ANY OTHER USER); (3) LOSS OR DELETION OF ANY OF YOUR MATERIALS; OR (4) ANY OTHER MATTER RELATING TO THE GETJAR SITE OR ANY MATERIALS, SERVICES, OR SITES, AVAILABLE ON OR ACCESSIBLE THROUGH THE GETJAR SITE.

Regardless of any law to the contrary, you agree that any claim or cause of action brought by you that arises out of or is related to the use of the GetJar Site or any Materials, services, or sites, available on or accessible through the GetJar Site, these Terms, any applicable additional terms or the Privacy Policy, must be filed within one (1) year after such claim or cause of action arose or be barred forever.

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 OF THE PROVISIONS ENTITLED "DISCLAIMER OF WARRANTIES" AND "LIMITATION OF LIABILITY" MAY NOT APPLY TO YOU.

Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the Material that you claim is infringing is located on the GetJar Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows through email: support@getjar.mobi.

Updates

We may update or change these Terms from time to time. We will notify you of any material changes to these Terms by sending you an e-mail to the last e-mail address you provided to us, if any, or by prominently posting a notice of the changes on the GetJar Site. The amended Terms will be effective upon the earlier of thirty (30) days following our dispatch of an e-mail notice to you or thirty (30) days following our posting of notice of the changes on the GetJar Site. It is your responsibility to regularly check the applicable pages of the GetJar Site to determine if there have been changes to these Terms and to review such changes. If you do not agree to any changes to these Terms, you must cease accessing or using the GetJar Site and any Materials, services, or sites, available on or accessible through the GetJar Site, and if you have an account with GetJar, notify GetJar to terminate your account. Continued use of the GetJar Site or any Materials, services, or sites, available on or accessible through the GetJar Site, after any changes in these Terms will indicate your acknowledgement of such changes and agreement to be bound by these Terms as updated.

We may update or change any additional terms or our Privacy Policy in a similar manner by providing you notice of any material changes by e-mail, if we have your e-mail address in our records, or by prominently posting a notice of the changes on the GetJar Site where the original additional terms or Privacy Policy were made available to you. The amended Terms will be effective upon the earlier of thirty (30) days following our dispatch of the e-mail notice to you or thirty (30) days following our posting of notice of the changes on the GetJar Site. You will be bound by any such updates or changes to the additional terms or our Privacy Policy in the same manner as you would be bound by any changes to these Terms.

General

These Terms and any additional terms referenced in these Terms, including the Privacy Policy, and the relationship between you and GetJar, will be governed by the laws of the State of California, U.S.A. without giving effect to any principles that may provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the GetJar Site or any Materials, services, or sites, available on or accessible through the GetJar Site.

You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of California, U.S.A. for the purpose of litigating all claims or disputes arising from or related to these Terms, or any additional terms referenced in these Terms, including the Privacy Policy. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than ten thousand United States dollars (10,000 USD), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (1) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (2) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (3) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding any election by you to resolve any dispute through arbitration, we will have the right to seek injunctive and other equitable relief as well as damages from any court having competent jurisdiction to protect ours and any other user's confidential information and intellectual property.

The failure of GetJar to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms 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 Agreement will remain in full force and effect.

The section titles in these Terms are for convenience only and have no legal or contractual effect. The term "including" means "including without limitation."

These Terms, which incorporate the GetJar Privacy Policy and all Addendums for GetJar Services you have chosen to participate in, constitutes the entire agreement between you and GetJar and governs your use of the GetJar Services and GetJar Site, superseding any prior agreements (whether written or oral) between you and GetJar regarding the subject matter of these Terms. If any provision in an Addendum conflicts with any provision of these Terms, the provision in the Addendum will control but only to the extent it relates to the subject matter of the Addendum. If any provision in the Privacy Policy conflicts with any provision of these Terms, the provision in the Privacy Policy will control.

Contacting GetJar

If you have any questions about these Terms or any additional terms incorporated in these Terms as stated above, you may contact GetJar in the following ways:

Web: Contact Us

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