Terms of Use

JATHI™ SOFTWARE APPLICATION

TERMS AND CONDITIONS OF USE

 

The following Jathi™ Software Application Terms and Conditions of Use (the “Terms”) form a binding agreement between you and TOUCHMARKETING, LIMITED LIABILITY COMPANY, its affiliates, parents, subsidiaries, assigns, officers, directors, shareholders, agents and employees (collectively referred to as “TouchMarketing”), and governs your use of any and all versions of the Jathi™ Software Application (the “Application”) and any information, content, templates, reports, documents, products and services presently offered or accessed through the Application or which may be offered in the future (known collectively as “Materials”). Please read these Terms carefully before you download, install or use the Application.

1. Acceptance; Age and Eligibility; Compliance; and Termination of Rights.

1.1 Acceptance. By downloading, installing or using the Application, or accessing or using its Materials, you expressly agree to be subject to these Terms. If you do not agree to be subject to these Terms, you must not download, install or use the Application, or access or use its Materials.

1.2 Age and Eligibility Requirements. The Application is intended for users who are 18 years or older and who are capable of entering into legally binding contracts. If you are under 18 years of age or are incapable of entering into a legally binding contract, please do not download, install or use the Application, or access or use its Materials.

1.3 Compliance. You must use the Application and Materials in compliance with all applicable laws and regulations, and all applicable third party policies and agreements including without limitation wireless data service agreements, online store policies and terms of use, and any third party website policies and terms of use.

1.4 Termination of Rights. Your right to use the Application and Materials terminates immediately if you violate any provision of these Terms.

2. Acceptance and Provided Invites. By accepting these Terms, you are permitted to download one (1) copy of the Application. Upon downloading a copy of the Application, you are entitled to one (1) free Application invite (“Invite”). All additional Invites must be purchased from the Apple App Store.

3. Technical Requirements. To download, access and use version 1.0 of the Application, or access or use its Materials, you are required to have an iPhone mobile device with iOS mobile operating system with a version of 4.0 or later, Internet connectivity and appropriate links. TouchMarketing will not have any responsibility or liability for any telephone or other costs you may incur in the use of the Application on your mobile device. Subsequent versions of the Application may be made available for use on the Android mobile phone, the Apple iPad or other mobile electronic devices.

4. Intellectual Property.

4.1 Content and Marks. With the exception of content provided by you on the Application, TouchMarketing owns, licenses or lawfully uses all of the content contained in the Application and Materials, including, without limitation: (a) any text, software, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the “Content”); and (b) any trademarks, service marks, trade dress and logos contained within the Application, whether owned by TouchMarketing or any third party (collectively, the “Marks”). The Content and Marks are provided to you “as-is” for your personal noncommercial use and may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever not expressly permitted under these Terms without the prior  written consent of TouchMarketing and any other respective owners. All rights not expressly granted under these Terms are expressly reserved.

4.2 License From TouchMarketing. TouchMarketing hereby grants you a revocable, royalty-free, worldwide (subject to limitation pursuant to Section 11), nonassignable, non-sub licensable license to: (1) download one (1) copy of the Application from the Apple App Store, or an authorized Android store for future versions of the Application; (2) print copies of the Materials for your personal use; and (3) download extracts or portions of pages from the Application for your personal use. If you perform acts considered to be in violation of the license granted under this subsection of the Terms, your license will be terminated immediately and you must, at TouchMarketing’s option, return or destroy any copies of the Materials you have made pursuant to this 4.3 Licenses To TouchMarketing and Waiver of Rights. You hereby grant to TouchMarketing an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to: (1) use any material or content that you submit on the Application for the purpose of (i) use on the Application, or (ii) marketing by TouchMarketing by any means and in any media; and (2) make any and all modifications to material or content that you submit on the Application. You agree that you waive your moral rights to be identified as the author on any and all material or content identified under this subsection.

4.4 Intellectual Property Notification. TouchMarketing is committed to protecting the intellectual property rights of others. If you believe that any content on the Application or Materials contains your intellectual property or the intellectual property of others without authorization, please contact TouchMarketing at help@jathi.com.

5. Personal Security. You are solely responsible for the activity that occurs in your Application account, and for keeping your Application account username and password secure and private. TouchMarketing is not responsible for the consequences of any unauthorized access to your Application account. If you become aware of any breach of security or other unauthorized use of your Application account, please notify TouchMarketing immediately at help@jathi.com.

6. Third Party Websites and Applications. Websites and websites providing the ability  to download applications owned or operated by third parties may be made accessible to you via links on the Application or Materials. TouchMarketing has no control over and accept no responsibility for the content of any website or mobile application to which a link from the Application exists unless TouchMarketing is the provider of those linked websites or mobile applications. TouchMarketing does not endorse or recommend any third party website or application to which the Application or Materials provides a link.

Such third party websites and applications are governed by the terms of use and privacy policies of those third party websites and applications, and will apply to your use of those websites and applications, and any goods and services you main obtain, acquire or purchase therefrom. TouchMarketing suggests that you consult the privacy policies and terms of use of such third party websites and applications before providing any personally identifiable information or obtaining, acquiring, or purchasing any goods or services therefrom. If you have any queries, concerns or complaints about such third party websites or applications, you must direct them to the operator of that third party website or application.

7. Representations and Warranties. You affirm, represent and warrant that: (a) you are 18 years of age or older and are fully able and competent to enter into, accept and comply with these Terms; (b) all information and content you provide on the Application is accurate and truthful; (c) you will not use, copy or distribute in any medium, any part of the Application or Materials included therein, other than for purposes expressly provided for in these Terms; (d) you will not alter or modify any part of the Application or Materials, nor circumvent, disable or otherwise interfere with the security, copyprotection or use-restriction features of the Application or Materials, unless otherwise expressly permitted under these Terms; (e) you will not access the Application through any technology or means other than as explicitly authorized by TouchMarketing (e.g. via any automated system, including without limitation, “robots” or “spiders”); (f) you will refrain from any act in relation to the Application or Materials that is in breach of any law or regulation of any applicable jurisdiction; (g) you will not use the Application or Materials for prohibited commercial uses including, without limitation, selling your Application account access information (i.e. username and password), Materials or copies of the Application itself, unless expressly permitted in these Terms or by express written agreement with TouchMarketing; (h) you will refrain from any act in relation to the Application or Materials that will harm TouchMarketing or any third-party, including without limitation, your use, delivery or transmission of any viruses, unsolicited e-mails, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information in relation to the Application or Materials; (i) you will not to access without authority, interfere with, damage or disrupt any part of the Application or Materials, any equipment or network on which the Application or Materials is stored and any software used in the provision of the Application or Materials; (j) you refrain from any act that may infringe or breach the intellectual property rights, privacy rights or other rights of TouchMarketing or any third party through your use of the Application or Materials; (k) you shall not in any way use the Application or Materials to submit to TouchMarketing or any other person or entity, any information that may be deemed obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, or untrue; (l) 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 you are not listed on any U.S. Government list of prohibited or restricted parties; (m) you will adopt reasonable safety precautions to protect your Application account username and password; (n) your use the Application is in a state permitting the gift card promotions;  and (o) you will refrain from any act contrary to any specific rule or requirement that stipulated in these Terms or on the Application.

8. Limitation of Liability. To the extent that the Application is provided to you byTouchMarketing, your use of the Application and Materials is at your sole risk. To the fullest extent permitted by law, TouchMarketing disclaim all warranties, express or implied, in connection with your use of the Application and Materials, and will in no event be liable to you for any direct, indirect, incidental, special, punitive or consequential damages, whatsoever resulting from any: (a) use of the Application or Materials; (b) reliance of information or content provided on the Application or in the Materials; (c) use of any third party website linked from the Application or Materials; (d) incompatibility or inaccessibility of the Application or Materials; (e) personal injury or property damage of any kind resulting from your use of the Application or Materials; (f) interruption or unavailability of the Application or Materials; (g) inaccurate information posted on the Application or Materials; and (h) bugs, viruses or similar code which may be transmitted to or through the Application or Materials. The foregoing liability limitations apply to the fullest extent permitted by law.

9. Independence from Platforms. The Application is independent of any mobile platform on which it is located. The Application is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”). TouchMarketing is solely responsible for providing any maintenance and support services for the Application as required under applicable law. You and TouchMarketing acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify the relevant Operator and that Operator may refund the purchase price for the Application to you; and, to the maximum extent permitted by applicable law, that Operator will have no other warranty obligation whatsoever with respect to the Application. You and TouchMarketing acknowledge that TouchMarketing, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to any claim that the Application fails to conform to any applicable legal or regulatory requirement. You and we acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, TouchMarketing, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

10. State Promotion Restrictions. As gift cards or other promotions may be made available for use on the Application, your use of such cards and promotions is subject to state legal restrictions on gift cards and promotions. If your use of gift cards or other promotions violates laws in the state in which you are using the Application, you must refrain from using such gift cards or taking part in such promotions.

11. Trade Regulations and Export Controls. You are responsible for complying with trade and export regulations and laws, both foreign and domestic, pertaining to use of the Application and Materials. The Application or its underlying technology may not be downloaded to, exported or re-exported: (a) into, or to a resident or national of Cuba, Iran, Sudan, Syria or any other country subject to a U.S. embargo; (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or on the U.S. Commerce Department’s Denied Persons List or Entity List; and (c) to any prohibited country, person, end-user or entity specified by U.S. export laws. As U.S. trade and export laws change frequently, your use of the Application is deemed your waiver to accepting any amendments or changes to legal requirements described under this section of the Terms without notice.

12. Enforcement After Termination. All provisions of these Terms shall survive termination of your use of the Application or Materials, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Assignment. This Agreement will be binding on and inure to the benefit of you and TouchMarketing and both parties respective successors, assigns, heirs and personal representatives. You shall not assign or transfer any right or obligation under these Terms without the prior written consent of TouchMarketing and any attempted assignment without TouchMarketing’s prior written consent shall be void. TouchMarketing may transfer any rights or obligations under these Terms without your

14. Privacy Policy. TouchMarketing processes information you have provided on the Application in accordance with the Jathi™ Privacy Policy (“Privacy Policy”), which is available at www.jathi.com. By downloading, accessing, or using the Application, you consent to the terms of the Privacy Policy.

15. Terms, User and Application Modification. TouchMarketing reserves the right, at its sole discretion, to modify or replace any and all of these Terms, or change, suspend or discontinue the Application or any aspect or portion thereof, at any time by posting a notice on the Application or sending you a notice through the Application or by e-mail. TouchMarketing may also impose temporary limits on certain Application features or restrict access to portions or all of the Application or Materials without notice. Your unauthorized access to restricted sections of the Application is a violation of these Terms. TouchMarketing will not be liable to you for any changes or modifications under this section of the Terms, except as expressly stated in writing between you and TouchMarketing. TouchMarketing suggests that you check these Terms periodically for changes. Your use of the Application following TouchMarketing’s changes to the Terms constitutes your acceptance of changes to the Terms.

16. Miscellaneous.

16.1 Jurisdiction. The Application is based in the United States (U.S.) and is deemed a passive application that does not give rise to personal jurisdiction over TouchMarketing, either specific or general, in jurisdictions other than the State of Washington. TouchMarketing makes no representations that this Application is appropriate or available for use in locations other than the U.S. Those who access or use this Application or Materials therein from other jurisdictions are responsible for compliance with such jurisdictions’ laws and regulations. If there is a dispute between you and TouchMarketing relating to these Terms, the party substantially prevailing will be entitled to recover all costs and expenses of any subsequent proceedings (including trial, appellate and arbitration proceedings), including the attorney’s fees incurred therein. You consent to the jurisdiction and venue of the courts sitting in Seattle,  Washington.

16.2 Choice of Law. These Terms are governed by the laws of the U.S. and the State of Washington, without respect to its conflict of laws principles.

16.3 Completeness and Severability. These Terms and any other legal notices published by TouchMarketing, the Application, or Website constitutes the entire agreement between you and TouchMarketing concerning your use of the Application and Materials. If any provision of these Terms is deemed invalid by a Court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect.

16.4 Waivers. No term or provision of these Terms will be considered waived by TouchMarketing, and no breach excused by TouchMarketing, unless such waiver or consent is in writing and signed by TouchMarketing. The waiver by TouchMarketing of, or consent by TouchMarketing to, a breach, of any provision of these Terms by you shall not operate or be construed as a waiver of, consent to, or excuse of any other or subsequent breach by you. This Agreement may be amended or modified only by mutual agreement of authorized representatives of you and TouchMarketing in writing.

16.5 Business Implications. Nothing in these Terms constitutes an employment, joint venture, or partnership relationship between you and TouchMarketing. You are not the agent or authorized to act as the agent of TouchMarketing or the Application in any respect.

 

IF YOU DO NOT AGREE OR IF THESE TERMS ARE NOT ACCEPTABLE IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS APPLICATION AND ANY MATERIALS OBTAINED THEREFROM.