Jott™ - Terms of Use

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Welcome to Jott Networks Inc and the website of Jott ("the Site").

Prior to registering for your Jott account you must read and agree to these Jott Terms of Use and the following terms and conditions and policies, including any future amendments (collectively, the "Agreement"). These include the Jott Terms of Use, any applicable Terms of Service or End User License Agreement, the Jott Privacy Policy, and the Jott Program Policies.

If major changes are made to this Agreement and Policies, we may choose to notify you via your Jott email address; however, you should return to this page from time to time to review the Agreement. Jott Networks Inc. may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by these modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Jott service. In the event of an inconsistency between the Jott Terms of Use, Terms of Service and the Jott Privacy Policy (available at http://jott.com/jott/privacy.html) or the Jott Program Policies (available at http://jott.com/jott/program-policies.html), the Jott Terms of Use shall control.

Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Jott Networks Inc and its affiliates and subsidiaries (individually and collectively, "Jott"). By using the Site, software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms of Use. Jott has the right to revise the Terms of Use at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions. We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

Privacy

Your privacy is very important to us at Jott. To better protect your rights we have provided the Jott Privacy Policy to explain our privacy practices in detail. It can be found at http://jott.com/jott/program-policies.html.

Use of Jott Software

Jott software, sometimes referred to as (the "Software") and accompanying documentation that are made available by download from this Site are the copyrighted work of Jott. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

You agree that you are responsible for your own content creation and communications and for any consequences thereof. Your use of the Service is subject to your acceptance of and compliance with the Terms, including the Jott Program Policies ("Program Policies"), located at http://jott.com/jott/program-policies.html, or such other URL as Jott may provide from time to time.

Warranties and Disclaimers

Jott disclaims any responsibility or liability for any fees, expenses or other charges you may incur from 3rd parties from using the service, including phone service charges, internet access charges, text messaging charges, or otherwise. Jott disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the JOTT SERVICES. Jott disclaims any responsibility for the deletion, failure to store, misdelivery, mistranslation or mistranscription, or untimely delivery of any information or material. Jott disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the JOTT SERVICES. Except as expressly provided otherwise in a written agreement between you and Jott, THE JOTT SERVICES, AND ALL MATERIALS, DOWNLOADS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE JOTT SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. JOTT AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. JOTT AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE JOTT SERVICES. JOTT AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE JOTT SERVICES. JOTT AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOTT SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE JOTT SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE JOTT SERVICES. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE JOTT SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. UNDER NO CIRCUMSTANCES SHALL JOTT OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE JOTT SERVICESARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF JOTT OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE JOTT SERVICES, FROM INABILITY TO USE THE JOTT SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE JOTT SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE JOTT SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE JOTT SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE JOTT SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE JOTT SERVICES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE JOTT SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE JOTT SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Without limiting the foregoing, under no circumstances shall Jott or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Term of Use

The license for use of the Site and the Materials is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by Jott to effect such termination. Upon termination of this Terms of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Jott at your expense.

Web Site

Links

Jott may provide links to other sites that we feel are relevant and interesting to our users ("Link Sites"). Jott is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products ("Products"). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

Online Behavior

Please exercise respect when participating in any of Jott's community features such as Forums, Blogs, Email functions, and any other feature of Jott Software ("User Materials"). You may not submit or publish through Jott any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Jott that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Please remember that we do not continuously monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.

Notwithstanding any rights or obligations governed by the Additional Terms, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant Jott a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, Jott and its or their products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called "moral rights" in and to the User Materials.

Submissions

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions. In the absence of Additional Terms, the Jott Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of Jott. Jott shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Jott will not be treated as confidential and Jott shall not be liable for any disclosure of the Submissions.

Accounts and Security

As part of the registration process, each Patron will select a password ("Password") and phone number ("Phone Number"). You shall provide Jott with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a Phone Number of another person with the intent to impersonate that person; or (ii) use a Phone Number subject to the rights of any other person without authorization.

You shall notify Jott of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Jott's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Notification of Copyright Infringement

Jott will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Jott.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:

a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing ("infringing work") and which you request to be removed or access to which is to be disabled;
a description of where the material that you claim is infringing is located on the Site;
information sufficient to permit Jott to contact you, such as your physical address, telephone number, and email address;
a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

For Notice of claims of copyright infringement, Jott can be reached by our contact form.

Additional Terms

In addition to this Agreement, You have to comply with the following Additional Terms when receiving the Jott Software and the Jott Services. We expect You to read these Additional Terms carefully, all of which are made part of this Agreement:

Jott API. You are not allowed to use the Jott API unless You comply with the API Terms at http://jott.com/legal/api_terms.html
The use of Jott Software is subject to the terms of the End User License Agreement with Jott Networks Inc at http://www.Jott.com/jott/EULA
Any other exceptions: If You are interested in doing anything which is not permitted under these Terms of Use or by one of the above Additional Terms, You will have to obtain Jott's prior written consent and explicitly agree upon any further terms.

Administrative Information

Jurisdictional Issues

This Site is controlled and operated by Jott. Jott makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

You agree to indemnify and hold Jott, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

Governing Law

By accessing this Site, you and Jott agree that these Terms will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Service will be brought solely in King County, Washington, and you consent to the jurisdiction of such courts.

All content and compilation of content included on Jott's website, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of Jott Networks Inc and is protected by United States and international copyright laws.

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contact us at: info@jott.com.