JUICECASTER TERMS OF USE

  1. User’s Acceptance of Terms.

    1.1 These Terms of Use (the “Agreement”) state the terms and conditions pursuant to which Juice Wireless, Inc. (“Juice Wireless”) agrees to provide User with access to JuiceCaster™ services (the “Service(s)”) and/or software (the “Software”). For the purpose of this Agreement, the term User includes customers that download and pay for the Software as well as users who only access the Services without use of the Software.

    1.2 User agrees to be bound by the terms in this Agreement and acknowledges that he or she is a resident of the United States. User also agrees to this Agreement by paying for and/or using the Services. If User does not agree to the terms and conditions of this Agreement, User may not access or otherwise use the Software and/or Services.

    1.3 User affirms that he or she is either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. In any case, User affirms that he or she is over the age of 14, as the Services are not intended for children under 14.

    1.4 Juice Wireless reserves the right, at its sole discretion, to change, modify, add to, or remove any portion of this Agreement, in whole or in part, at any time. Juice Wireless will include such Amendments on the version of this Agreement that is posted on Juice Wireless’s web site (www.JuiceWireless.com). Amendments to the Agreement will take effect immediately upon being posted. User’s continued use of the Services after Juice Wireless posts an Amendment constitutes User’s acceptance of and consent to the Amendment.

  1. JuiceCaster Services and Software.

    2.1 The JuiceCaster Service, among other things, provides a social network that allows Users to capture, share, and distribute photographs, videos, audio, user opinions and comments (collectively, “Content”), to and with third parties and third party social networks. Users must consent to these terms and conditions and have valid and legal access to a computer or mobile phone.

    2.2 Users may download the Software through various portals, websites or media, and are solely responsible for payment of fees for the Software and/or use of the Services. Billing for the Services and/or Software will be arranged through User’s wireless carrier or another authorized third party. User is responsible for all charges incurred in connection with the Services regardless of who incurs the charges. User is responsible for any and all taxes, and expenses that may be incurred related to use of the Services. If User has a telephone that is not supported by Juice Wireless, User may still register as a free user provided that User agrees and consents to the terms of this Agreement and provides the information requested.

    2.3 User is responsible for his or her account and should never provide any third party with his or her password or access to his or her JuiceCaster account or Service. USER IS SOLELY LIABLE FOR ANY ACTS OR OMISSIONS RELATING TO HIS OR HER USE OF THE SERVICE AND HIS OR HER ACCOUNT. User agrees to defend, indemnify and hold Juice Wireless harmless to the extent any User’s account is violated or compromised in any way.

  1. Software License Grant; Restrictions.

    3.1 Juice Wireless grants User, during the term of this Agreement, a revocable, non-transferable and non-exclusive license to use the Software solely in connection with User’s use of the Services and in a manner that is consistent with this Agreement.

    3.2 User shall not (a) distribute, rent, loan, lease, sell, sublicense, or otherwise transfer all or part of the Software, any access to it, or any rights granted under this Agreement to any other person; (b) reverse engineer, decompile, or disassemble the Software; (c) modify, translate, adapt, arrange, or create derivative works based on the Software for any purpose; (d) use the Software outside of the country of purchase or in a manner inconsistent with or in violation of this Agreement.

    3.3 The Software is protected by copyright, trade secret and other intellectual property laws and treaties and will remain the exclusive property of Juice Wireless or its suppliers or licensors. All rights not expressly granted in this Agreement are reserved by Juice Wireless.

    3.4 User shall comply with all trade regulations and export control laws, both domestic and foreign. Software and any underlying information accessed or transferred using the Services may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. § 2401, et seq.) and the Export Administration Regulations (50 C.F.R. § 730-774), as well as the import regulations of other countries. Except as authorized by Juice Wireless and the U.S. export control laws, User agrees not to export or re-export any Software to any foreign country. Any information transferred by User using the Services to any foreign country, entity, or person must comply with the U.S. Export Administration Act and the Export Administration Regulations.

  1. The Services; Availability, Use and Prohibitions.

    4.1 Juice Wireless uses commercially reasonable efforts to ensure that the Services will be available seven days a week, twenty-four hours a day. There will be instances when the Services are interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of Juice Wireless.

    4.2 User acknowledges that when using the Services, User will be exposed to Content from a variety of sources, and that Juice Wireless is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. User further understands and acknowledges that he or she may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and User agrees to waive, and hereby does waive, any legal or equitable rights or remedies User has or may have against Juice Wireless with respect thereto, and agree to indemnify and hold User, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to User’s access to the Software and/or Services. Juice Wireless does not have the obligation to monitor Content for any purpose. User acknowledges that he or she is solely responsible for all Content and material he or she provides to the Service.

    4.3 When User shares Content (whether publicly or privately), User is allowing the recipients of that Content to add the Content to the recipients’ accounts and to further disseminate or distribute such Content. User is responsible for all of the Content it uploads, shares or copies using the Service. User must either own all right, title and interest in and to the copyrights, trademarks or other intellectual property rights in the Content or have express permission from the intellectual property owners to copy and use such Content for all purposes related to the Service, and the Content may not violate or infringe upon the rights (including other intellectual property rights, privacy, moral or publicity rights) of others. Professional images that are provided to User or made available through websites, magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using the Services. Juice Wireless expressly disclaims any and all liability in connection with Content and does not permit copyright infringing activities and infringement of intellectual property rights on its JuiceCaster Network or through the JuiceCaster Services. Juice Wireless will remove all Content if properly notified that such Content infringes on another's intellectual property rights. Juice Wireless reserves the right to remove Content without prior notice. User agrees that Juice Wireless is not liable for any modification, suspension or discontinuance of the Services. User is solely responsible for creating backups of any Content posted to the Service.

    4.4 User will have the option to limit access to his or her account. If User enables the protection option, only certain visitors will be allowed to access User’s account, or Content belonging to such User. If not, any third party will be able to access and review the Content of such User. If User does not want the public to be able to access all of its Content, it should ensure it uses the privacy options. Juice Wireless is not liable for any access to, use of or disclosure of any Content in any User’s account.

    4.5 Juice Wireless does not claim ownership rights in any Content contained in User’s account. In order to display Content through the Service, User grants to Juice Wireless a non-exclusive, royalty-free license to use, copy, distribute and display the Content. Juice Wireless respects the intellectual property rights of others and prohibits users from uploading, posting or otherwise transmitting Content that violates another party's intellectual property rights in accordance with the Digital Millennium Copyright Act. Any suspected infringements may be brought to Juice Wireless’ attention at copyright@juicecaster.com.

    4.6 User agrees that it will use the Services for his or her personal use, but not for the purposes of copying or distributing Content without obtaining required prior consent and further agrees not to circumvent, disable or otherwise interfere with security-related features of the Services and/or Software in a way that would prevent or restrict use or copying of any Content or enforce limitations on use of the Services. User further agrees that he or she will not, in connection with Content, submit material that is contrary to the Juice Wireless Guidelines, including but not limited to material that has or promotes discrimination, vulgarity, profanity, obscene material or pornography, or any illegal conduct. User shall not use, and shall not allow any person to use, the Services or Software in any way that violates a federal, state, or local law, regulation, or ordinance, or for any tortious or illegal purpose, including but not limited to harassing, slandering or defaming any person. The Guidelines may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

    4.7 User agrees not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Services in a manner that sends more Content through the Services than can normally be produced in the same time period; User further agrees not to overwhelm the Services with massive amounts of Content. User agrees not to collect or harvest any personally identifiable information, including account names, nor to use the communication systems provided by the Services (e.g. comments, private messages) in any way prohibited by this Agreement. User further agrees not to solicit, for commercial purposes, any users of the Services, nor is User permitted to (a) solicit, use or sell any Content for commercial purposes or for profit; and/or (b) use, access or distribute Content via the Juice Wireless player or any other media, to or on third-party ad or subscription supported websites, whereby such Content is used as a primary means to drive revenue to those sites.

    4.8 User acknowledges that Juice Wireless will monitor and collect Content, User information including but not limited to usernames, passwords and carrier information, videos, photographs, files and other data through communication technologies and networks chosen by Juice Wireless. User also acknowledges and agrees that Juice Wireless may monitor, prohibit, remove and/or delete Content that Juice Wireless considers, in its sole discretion, to be discriminatory, obscene, or that violates any laws, rules or regulations. User agrees that Juice Wireless may use, retain, and disclose data as necessary to provide the Services and to provide information to any third party carrier or authorized service provider. By using the Service, User agrees to waive all rights it may have or has with respect to Juice Wireless’s monitoring, prohibitions, removal or deletions of any Content.

  1. Payment; Cancellation and/or Termination of the Services.

    5.1 User agrees to set up an account and pay for the Services as directed by the applicable third party or service provider, including but not limited to Juice Wireless. Juice Wireless makes efforts to provide current and accurate information about products, services and prices but does not guarantee the accuracy of such information, and specifically disclaims responsibility for fees or information provided to User by third party telecommunications or service providers.

    5.2 User’s account and access to the Services may be terminated without penalty or liability, if Juice Wireless or a telecommunications carrier, or any third party service provider determines, in its sole discretion that User has abused the Service or failed to comply with this Agreement or any third party’s terms of use. Furthermore, Juice Wireless reserves the right to terminate User’s access to the Service if, in Juice Wireless’ sole discretion, it believes that User’s access to or use of the Software and/or Services could damage or cause injury to the Service or Software, or otherwise reflect unfavorably on the reputation of Juice Wireless. Juice Wireless reserves the right to decide whether Content is appropriate and it may remove such Content and/or terminate a User's access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

  1. Disclaimers.

    6.1 Content on the JuiceCaster Network, and accessed through the Services, is provided to User “AS IS” for User’s information and personal use only. User may access and share Content solely for User’s information and personal use; and as intended through the normal functionality of the Services.

    6.2 USER AGREES THAT ITS USE OF THE JUICECASTER SERVICES AND SOFTWARE SHALL BE USED AT HIS OR HER SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JUICE WIRELESS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE SOFTWARE AND USER’S USE THEREOF. JUICE WIRELESS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT. JUICE WIRELESS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES.

    6.3 Limitation of Liability

    JUICE WIRELESS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUIDNG BUT NOT LIMITED TO LOST PROFITS (REGARDLESS OF WHETHER JUICE WIRELESS HAS BEEN NOTIFED THAT SUCH LOSS MAY OCCUR) BY REASON OF ANY (A) ACT OR OMISSION IN ITS PROVISION OR FAILURE TO PROVIDE THE SERVICES OR SOFTWARE, (B) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THE SERVICES, SOFTWARE OR NETWORK, (D) ANY UNAUTHORIZED ACCESS TO OR USE OF JUICE WIRELESS’ SECURE SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JUICE WIRELESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    USER SPECIFICALLY ACKNOWLEDGES THAT JUICE WIRELESS SHALL NOT BE LIABLE FOR ANY CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH USER.

    6.4 The Services are offered from the Juice Wireless facilities in the United States. The Services may not be appropriate or available for use in other countries and those who access or use it from other jurisdictions are responsible for compliance with local law.

  1. User Agrees to Indemnify Juice Wireless.

    7.1 User agrees to defend, indemnify, and to hold harmless Juice Wireless and its affiliates, suppliers and licensors (and each entities’ respective officers, directors and employees) from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and attorneys' fees on account thereof) resulting from or relating to User’s use of the Services and/or the Software or User’s inability to use the Services and/or Software.

    7.2 User’s agreement to defend, to indemnify, and to hold Juice Wireless harmless applies whether a claim against Juice Wireless is based in contract or tort (including strict liability), and regardless of the form of action, including but not limited to User’s violation of any third party right, a claim that the Content caused damage to User or to any third party and/or User’s use and access to the Services and/or Software. This indemnification section shall survive User’s termination of or cessation of use of the Services.

  1. Additional Terms and Conditions

    8.1 This Agreement supersedes all oral or written communications and understandings between User and Juice Wireless with respect to the Software and Services, and the terms under which the Services are offered and provided. Any cause of action User may have with respect to the use of the Services must be commenced within one (1) year after the claim or cause of action arises.

    8.2 Both parties waive the right to a jury trial in any dispute arising out of this Agreement or the Services. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion of the Agreement, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. The headings contained in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

    8.3 User may not assign his or her rights or delegate his or her obligations under this Agreement. There shall be no third party beneficiaries under this Agreement, except for Juice Wireless’s affiliates, suppliers, and licensors or as required by law.

    8.4 Any legal action concerning this Agreement or the Services shall be interpreted under the laws of the State of California, excluding the State of California’s choice of law rules. Any dispute arising from this or relating to this Agreement, regardless of theory of action, shall be resolved State of California. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this paragraph. The failure of Juice Wireless to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

The "Juice Wireless" and “JuiceCaster” name and logo and all other trademarks, service marks, and trade names used in connection with the Services are owned by Juice Wireless or its licensors and may not be used by User without the written consent of Juice Wireless.

Copyright © 2008 Juice Wireless, Inc.

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