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 GetJar Networks Ltd. ("we," "us," or "our") or using our web site at getjar.com 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 service ("Terms").
The GetJar Service may include an opportunity for you to earn (including by completing actions or activities, or downloading third-party applications), buy or use a type or types of virtual currency ("GetJar Gold") including, but not limited to so-called gold, coins, cash, or points, to download third-party applications, to license virtual digital goods or items, or to obtain discounts, offers or other goods or services (together "Deal Goods"). You may be required to pay a fee using real-world money to obtain a license to use GetJar Gold. Regardless of what we call them, GetJar Gold and Deal Goods are not real money, do not have monetary value, and may never be redeemed for "real world" money, or other items of monetary value from outside of the GetJar Services without our written permission. While we may use terms like "buy", "purchase" or "sell" in reference to the GetJar Gold, we do so only for convenience and such terms in no way indicate that GetJar Gold has monetary value or is real money. You acknowledge that GetJar Gold is not real currency and is not redeemable for any sum of money from us at any time. We make no guarantee as to the nature, quality or value of the features of the GetJar Service or any third-party good or services that will be accessible through the use of GetJar Gold, or the availability or supply of GetJar Gold.
GetJar Gold and Deal Goods obtained via the GetJar Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the GetJar Service. GetJar Gold and Deal Goods may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. Deal Goods may be subject to a separate third-party license or agreement. Except as perhaps specifically provided to you in writing by a third party as to third-party Deal Goods, you have no property interest, right or title in or to any such GetJar Gold or Deal Goods appearing or originating in the GetJar Service, or any other attributes associated with use of the GetJar Service. Any "virtual currency" balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license.
All GetJar Gold and Deal Goods are forfeited if your account or access to the GetJar Services is terminated or suspended for any reason, in our sole and absolute discretion, or if we discontinue availability of some or all of the GetJar Service. We may at any time expire free or promotional GetJar Gold given.
We have no liability for hacking or loss of your GetJar Gold or Deal Goods or any goods or services obtained via GetJar Gold. We have no obligation to, and will not, reimburse you for any GetJar Gold or Deal Goods or any goods or services obtained via GetJar Gold that are lost due to your violation of these Terms. We reserve the right, without prior notification, to limit the quantity of GetJar Gold and/or Deal Goods and/or to refuse to provide you with any GetJar Gold and/or Deal Goods. Price, exchangability and availability of GetJar Gold and Deal Goods are determined by us in our sole discretion and are subject to change without notice. You agree that we have the absolute right to manage, distribute, regulate, control, modify and/or eliminate GetJar Gold as we see fit in our sole discretion, and that we will have no liability for exercising such right.
You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your GetJar Gold regardless of the circumstances. You absolve us of any responsibility to maintain or update your GetJar Gold account. However, if there is a loss of GetJar Gold in your account due to technical or operational problems with the GetJar Service, we will refund the lost GetJar Gold once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to refund the GetJar Gold lost.
You may from time to time be presented with opportunities to redeem GetJar Gold for Deal Goods. We will, in our sole discretion, determine and communicate the availability and exchange rate for any GetJar Gold and Deal Goods, which may be modified at any time. You must comply with any individual Deal Goods limitations as indicated via the GetJar Services (or application developer or Reward partner's terms or website). We reserve the right to cancel, restrict or terminate GetJar Gold and/or Deal Goods at any time for any reason. All Deal Goods are subject to availability. All redemptions are subject to these Terms, any third-party terms associated with a Gold Reward, and all limitations and requirements stated via the GetJar Services.
You may choose a Reward that is still available for which you have accumulated sufficient GetJar Gold for redemption. Select the Reward you wish to use and follow and instructions to complete the redemption process. As part of the redemption process, you may receive a confirmation email or message from us and/or our designee or Deal Goods partner and, when applicable, an email or message containing the Deal Goods in the form of a link, code, coupon or similar means. Emails or messages will be sent to the email address or other contact information assigned to your account.
All acquisitions of GetJar Gold and redemptions for Deal Goods are final. Once GetJar Gold has been lost or spent, it will be subtracted from your account and cannot be refunded or returned, except in our sole discretion. No GetJar Gold will be re-credited to your account in the event of a return or exchange of a Gold Reward, or any problem with any Gold Reward.
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.
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.
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:
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.
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).
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).
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.
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.
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.
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.
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.
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:
Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows through email: email@example.com
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.
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."